Welcome to Need Based Calling! Prior to registering for your Need Based Calling account you must read and agree to these Need Based Calling Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"). These include the Need Based Calling Terms of Service, the Need Based Calling Privacy Policy, and the Need Based Calling Program Policies

If major changes are made to this Agreement and Policies, we may choose to notify you via your Need Based Calling email address; however, you should return to this page from time to time to review the Agreement. Need Based Calling Inc. may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by these modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Need Based Calling service. In the event of an inconsistency between the Need Based Calling Terms of Service and the Need Based Calling Privacy Policy (available at http://www.needbasedcalling.com/privacy.html) or the Need Based Calling Program Policies, the Need Based Calling Terms of Service shall control.

Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

• Description of the Need Based Calling Service. Need Based Calling is an application from Need Based Calling Inc. (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Need Based Calling Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Need Based Calling disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Need Based Calling also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
• Accuracy of information. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
• Confidentiality of your password and account. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder.
• Use of Need Based Calling Service via phone numbers or accounts your register. You are responsible for all Need Based Calling Service activites that occur under phone numbers you register with the Need Based Calling Service.
• Access to Need Based Calling via your phone or other equipment. You are responsible for controlling access to devices that you register which may access the Need Based Calling service. If such equipment becomes lost or stolen, you are responsible for corrective action, including the deauthorization of your phone, and the locking of Need Based Calling Service access via the lost or stolen phone.
• Proper Use. You agree that you are responsible for your own content creation and communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Need Based Calling Program Policies ("Program Policies"), located at http://needbasedcalling.com/site/policies.html, or such other URL as Need Based Calling may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Need Based Calling; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Need Based Calling reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Need Based Calling reserves the right to refuse service to anyone at any time without notice for any reason.
• Content of the Service. Need Based Calling takes no responsibility for third party content (including, without limitation, files, images, sound recordings, hyperlinks, or any viruses or other disabling features), nor does Need Based Calling have any obligation to monitor such third party content. Need Based Calling reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
• Need Based Calling's liability for fees. Need Based Calling disclaims any responsibility or liability for any fees, expenses or other charges you may incur from 3rd parties from using the service, including phone service charges, internet access charges, text messaging charges, or otherwise.
• Need Based Calling Access to Content. Need Based Calling also reserves the right to read, access, disclose, and preserve any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Need Based Calling, its users and the public. Need Based Calling will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
• Need Based Calling's Intellectual Property Rights You acknowledge that Need Based Calling Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property, and such rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. The Need Based Calling Rights include rights to (i) the Service developed and provided by Need Based Calling Inc; and (ii) all software associated with the Service. The Need Based Calling Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.
• Your Intellectual Property Rights. Need Based Calling does not claim any ownership in any of the content, including any voice recordings, text, data, information, images, photographs, music, sound, video, or other material, that you record via the phone, upload, transmit or store in your Need Based Calling account. We will not use any of your content for any purpose except to provide you with the Service.
• Representations and Warranties You represent and warrant that (a) all of the information provided by you to Need Based Calling to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
• Privacy. As a condition to using the Service, you agree to the terms of the Need Based Calling Privacy Policy as it may be updated from time to time. You agree that Need Based Calling may monitor, edit or disclose your personal information, including the content of your Need Based Calling logs, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Need Based Calling Privacy Policy.
• Advertisements on Need Based Calling Services. As consideration for using the Service, you agree and understand that Need Based Calling will display ads and other information adjacent to and related to the content of your Need Based Calling logs. No Need Based Calling content or other personally identifiable information will be provided to advertisers as part of the Service.
• Publicity. Any use of Need Based Calling trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Agreement and in compliance with Need Based Calling's then current use guidelines, and any content contained or reference therein.
• Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Need Based Calling at admin@needbasedcalling.com. It may take several days or longer for the account to completely deactivate. Need Based Calling may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Need Based Calling has previously canceled or terminated your use of the Services (in which case subsequent notice by Need Based Calling shall not be required), if you have provided an alternate email address, Need Based Calling will notify you via email of any such termination or cancellation, which shall be effective immediately upon Need Based Calling's delivery of such notice. Sections regarding Personal Use, Content of the Service, Need Based Calling Access to Content, Intellectual Property Rights, Representations and Warrantees, Privacy and Publicity, Indemnification, Disclaimer of Warranties, Limitations of Liability, Choice of Law and Jurisdiction shall survive expiration or termination of your account.
• Indemnification. You agree to hold harmless and indemnify Need Based Calling, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Need Based Calling will provide you with written notice of such claim, suit or action.
• Disclaimer of Warranties. Need Based Calling disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the NEED BASED CALLING SERVICES. Need Based Calling disclaims any responsibility for the deletion, failure to store, misdelivery, mistranslation or mistranscription, or untimely delivery of any information or material. Need Based Calling disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Need Based Calling SERVICES. THE NEED BASED CALLING SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE NEED BASED CALLING SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. NEED BASED CALLING AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEED BASED CALLING AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE NEED BASED CALLING SERVICES. NEED BASED CALLING AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE NEED BASED CALLING SERVICES. NEED BASED CALLING AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEED BASED CALLING SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE NEED BASED CALLING SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE NEED BASED CALLING SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE NEED BASED CALLING SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
• Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL NEED BASED CALLING OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE NEED BASED CALLING SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF NEED BASED CALLING OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NEED BASED CALLING SERVICES, FROM INABILITY TO USE THE NEED BASED CALLING SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NEED BASED CALLING SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEED BASED CALLING SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE NEED BASED CALLING SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE NEED BASED CALLING SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE NEED BASED CALLING SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE NEED BASED CALLING SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NEED BASED CALLING SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall Need Based Calling or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
• Choice of Law; Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts.