SYSTEM OF PROOF, INC.
TERMS OF SERVICES

For inquiries regarding your service or any other assistance needed pertaining to your Agreement please call 866-405-4703

Recording Via Cell Phone or Land Phone Service Plan

In consideration of the fees paid for this recording service selected from the Choose a Plan Fee Schedule We agree to provide service as follows:

This website www.SystemofProof.com (the 'website') is owned and operated by System of Proof, Inc., a company incorporated in Texas ('System of Proof', 'us', 'our' and 'we').

THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE WEBSITE AND THE System of Proof SERVICES. BY VIEWING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT, DO NOT VIEW OR USE THE WEBSITE.

You may have a separate agreement covering your use of a service of ours other than the website. Unless that separate agreement states otherwise, this agreement will take precedence in cases of conflict, regarding your use of the website.

Definitions:

"We", "Our" or "Us" means System of Proof Inc., a Texas Corporation

"You" and "Your" means the Authorized Subscriber of services and the Co-Subscriber, if applicable.

"Agreement" means the Terms of Service Agreement that contains the System of Proof, Inc. Recording plan terms and conditions thereof.

"Plan" means the service that is in place to ensure recording of your selected conversation, meeting, music and any other possibilities that you deem necessary to record. System of Proof, Inc. is not and will not be held liable for any recording that you choose to do. Recording (s) in the event of recording conversations, music, lectures, meetings, or any other recording possibility as specified in the terms of Your Agreement.

"Active Recording" means there has been a recording of conversation, lecture, music, meetings or any other possibilities of recording and the recorded session is emailed directly to the specified email of your choice upon registration of your services as specified in the terms of Your Agreement.

"Primary Subscriber" means the primary person, age 18 or older, that is recording, may be in single or joint recording plan

"Co-Subscriber" means the spouse, child or "significant other" of the Primary Subscriber, that the Primary Subscriber is responsible for. Applicable in joint recording plans only.

"Single Subscriber" means there is only one individual, Primary Subscriber, age 18 or older recording under the plan

"Joint Subscriber" means there are two (2) or more individuals recording under the plan, Primary Subscriber and Co-Subscriber, do not both have to be 18 years of age or older and both do not have to reside in the same residence.

"Effective Date" means the date the Agreement is put in force.

"In Force" means the Agreement is in effect; fees are paid and all conditions are met.

"Grace Period" means the ten (10) day period allowed after the monthly due date to make fees good for the month to avoid lapse in recordings.

"Open balance" means account is current and monthly fees are being paid.

Disclaimer:

THE WEBSITE IS FOR INFORMATION PURPOSES ONLY. YOU MAY NOT RELY ON ANY INFORMATION ON THE WEBSITE AND WE DO NOT ACCEPT ANY LIABILITY TO YOU OR ANY PERSON AS A RESULT OF ANY SUCH RELIANCE.

WHILE WE TAKE CARE OVER ITS CONTENTS, THE WEBSITE IS PROVIDED ON AN 'AS IS' BASIS AND WE DO NOT GIVE ANY WARRANTIES OR REPRESENTATIONS, WHETHER CONCERNING THE SUPPLY, USE OF OR ACCESS TO THE WEBSITE OR OTHERWISE. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE, ITS CONTENTS OR DOWNLOADS WILL BE AVAILABLE AT ALL TIMES, OR BE FREE OF ERRORS, VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES OR REPRESENTATIONS THAT MAY OTHERWISE BE IMPLIED BY LAW INTO THIS AGREEMENT.

You access any other website, through a link from the website or otherwise, at your own risk. We do not endorse, are not responsible for, and accept no liability for, the content, services offered on, or your use of any other website, including one from which you connected to our website or to which a link is provided on our website. You may not link to the website without our prior written permission.

Nothing on the website constitutes an offer capable of acceptance.

Intellectual Property:

You acknowledge that all intellectual property rights (such as copyright, database rights, design rights, trade marks including without limitation System of Proof, and patents) in the website and any or all of its contents are owned by System of Proof, Inc. or its licensors and that you have no right to use the website or any or all of its contents other than in accordance with the terms of this agreement and any applicable law.

You may not save, copy, transmit, publish or otherwise deal in the website or any or all of its contents without our prior written permission. If we make any copyright work (including our logo, an image of our software interface or any other image), available for downloading on our website for members of the media, you may only download and use that copyright work for the purposes of illustrating or otherwise referring to our website and our services as part of an on-line or off-line media article and such use must be in good faith, without removal of any intellectual property ownership notice and with appropriate references to our ownership rights. This is without prejudice to any rights you may have that cannot legally be excluded by contract.

Privacy:

Please see our Privacy Policy, which sets out how we deal with any personal data you may give to us or which we otherwise receive. Our Privacy Policy is incorporated into and forms part of this agreement. You warrant that any data you give to us is accurate and that you are entitled to provide such data.

Liability:

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND, WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY:

    * DIRECT DAMAGES;
    * CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR LOSS OF PROFIT;
    * DAMAGE RESULTING FROM RELIANCE ON THE WEBSITE OR ITS CONTENTS; OR
    * LOSS OR DAMAGE AS A RESULT OF FORCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ANY ACT OF GOD, WAR, TERRORISM, LABOUR DISPUTE OR TELECOMMUNICATIONS

DISRUPTION

Nothing in this agreement limits or excludes our liability for death or personal injury due to our negligence or for fraudulent misrepresentation.

Indemnity:

You will indemnify System of Proof, Inc. and its officers and directors against all reasonable costs (including reasonable lawyers' costs), damages and losses that we may suffer (including those relating to third party claims) due to your breach of this agreement.
Changes and Notices:

We reserve the right to change this agreement, the website and its contents at any time without notice to you. A change will take effect immediately on posting on the website. We can also provide notices to you by posting them on the website. It is your responsibility to check this agreement and the website from time to time. Your continued access to or use of the website equals acceptance of any changes to the agreement or website. If you do not agree to any such changes, you must cease accessing and using the website. You can only provide notices to us by email to info@systemofproof.com.

Termination:

1) We Can Terminate: We reserve the right to cancel this agreement, and all such recordings will stop on the date the cancellation becomes effective. We will notify you in writing of our intent to cancel at least 10 days in advance. Where the Grace Period has expired, and we have not been paid the fee, we may cancel for non-payment of recordings by giving you 10 days written notice. During the first 30 days that the Agreement is in force, we may cancel for reasons other than non-payment of fees by giving you 10 days written notice, accompanied by the reason for cancellation. After the Agreement has been in effect for more than 30 days, we may only cancel for one of the following reasons: 1) Material misstatement; 2) Non-payment of fees; 3) Failure to comply with our requirements within 30 days of effective date of recordings; 4) Substantial change in the risk originally accepted; 5) Cancellation is for all subscribers under such agreement(s).

2) You Can Terminate: All recordings will stop: 1) Upon the next payment due date after we receive a 10-day written notice that You wish to terminate the Agreement. If joint recording plan, the notice must be signed by both individuals. If not, recordings will continue for the other subscriber at the adjusted single recordings plan rate; 2) If we receive such notice during the grace period, recordings shall stop at the end of the grace period. 3) If the fee is not paid, you will be liable for all pro rata recordings. This will include the period the recordings continued in force after the date of the recordings upon which default occurred.

Fee Charges/Payment Arrangement:

The fee charged for your service is based on the service plan(s) of your choice that is offered by System of Proof, Inc. We only accept auto-draft payments, via bank draft or credit card/debit cards.

Governing Law and Jurisdiction:

This agreement is governed by and will be construed in accordance with the laws of the State of Texas.

In relation to any dispute or legal proceedings arising out of or connected to this agreement, you irrevocably submit to the exclusive jurisdiction of the courts in the State of Texas and waive any objection to such dispute or proceeding on the grounds that they have been brought in an inappropriate forum.
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