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Promotional Terms of Use

Copper Conferencing Promotional/Trial Offer General Terms and Conditions

Promotional/Trial Offer general terms and conditions apply to all promotions and/or trials offered by The Himark Group LLC (dba Copper Conferencing) (“Copper”). By submitting your electronic online registration for any promotion and/or trial offer, you hereby agree and accept these terms and conditions and well as Copper’s general Terms of Use. Terms of Use may be found Copper’s website by clicking on “Terms of Use.” Online Registration (“Agreement”) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date”), by and between the Himark Group, LLC (dba Copper Conferencing) (“Copper”), and “Customer,” the individual or entity entering into this Agreement. Copper reserves the right to amend this Agreement from time to time without notice to Customer.

  1. 1. Online Registration. Customer must complete the online registration process, including Customer’s electronic acceptance of this Agreement, and Copper must then accept such online registration. Copper may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event a potential Customer’s online registration is rejected by Copper, such potential Customer may submit a new online registration for re-evaluation by Copper.


  2. 2. Registration Data. As part of the online registration process Copper will collect certain limited information about Customer (“Registration Data”). All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary. Copper reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete or not current at any time.


  3. 3. Trial and Promotional Offers. From time to time, Copper may offer certain trial and/or promotional offers. Copper reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per Customer.

    1. I. Promotional offers of free audio conferencing minutes require Customer complete a paid conference call before free minutes are issued unless otherwise specified in these terms and conditions.
    2. II. Promotional offers of free gift cards, gift certificates, coupons or other promotions require Customer complete a paid conference call before gift card, gift certificate, coupon or other promotion is issued unless otherwise specified in these terms and conditions.
    3. III. Promotional offers free audio conferencing promotional offers apply to U.S. domestic toll-free audio minutes only.
    4. IV. Promotional offers for audio conferencing minutes begin at 12:01 a.m. Mountain Standard Time on the date set forth and ends at 11:59 p.m. Mountain Standard Time on the date set forth for each individual promotion. If not explicitly stated as above, free minute promotional offers expire 30 days after account activation.
    5. V. Trial offers for web conferencing end at 11:59 p.m. Mountain Standard Time on the 15th, 30th, 45th, or 60th day of the trial or 30-days from account activation. Copper conferencing reserves the right to terminate any trial offer at any time without notification.
    6. VI. Offers void where prohibited, taxed or restricted by law.
    7. VII. Promotional offers are only available to new customers unless specifically stated in other promotional terms.
    8. VI. No substitutions of cash or other services permitted
    9. VII. Offers void where prohibited, taxed or restricted by law.
    10. VIII. Promotional offers are only available to new customers unless specifically stated in other promotional terms.


  4. 4. Privacy. Copper does not share or sell Customer information collected with any third party company, affiliate or other entity.


  5. 5. Confidential Information. Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any non-public information or materials provided by the other party under this Agreement and reasonably understood to be confidential (“Confidential Information”), or use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is in or becomes available through the public domain, (ii) is already lawfully in the receiving party’s possession, (iii) was known to the receiving party prior to the date of disclosure, (iv) becomes known to the receiving party from a third party having an apparent bona fide right to disclose the information, or (v) Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, providing receiving party provides disclosing party timely notice of such court order or subpoena. Furthermore, Customer will keep in strict confidence all passwords and other access information to the Services.


  6. 6. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY. Company does not assume and shall have no liability under the Agreement for (i) failure to deliver the Products and Services within a specified time period; (ii) unavailability or delays in delivery of the Products and Services; (iii) damage caused to the Products and Services due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, unusually severe weather conditions or default of Company's subcontractors whether or not due to any such causes; or Services, Content or Applications whether or not supported by Company. Without limiting the foregoing, Company's sole liability for Service disruption, whether caused by the negligence of Company or otherwise, is limited to a credit allowance not exceeding an amount equal to the proportionate charge to the Customer for the period of Service disruption. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT IS COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES.


  7. 7. COMPLETE AGREEMENT/SEVERABILITY/WAIVER. This Agreement sets forth all of the agreements between the parties concerning the Service and purchase of the Products and Services, and there are no oral or written agreements between them. Except for changes made by Company in accordance with Section 1 above, no amendment or addition to this Agreement shall be binding upon Company unless it is in writing and signed by both parties (and, in the case of Company, by an officer of Company). Company shall not be bound by the terms and conditions in a Customer's purchase order or elsewhere, unless expressly agreed to in writing by an officer of Company. This Agreement becomes effective when accepted by Company. Should any provision of this Agreement be illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby. The failure of Company, at any time to require the performance by Customer of the provisions of this Agreement shall not affect in any way the right to require such performances at any later time nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of compliance with or breach of any other provision or a continuing waiver of such provision.


  8. 8. ASSIGNMENT/RESALE/GOVERNING LAW. This Agreement may be freely assigned by Company to any successor of it or any other firm or entity capable of performing its obligations hereunder, and upon any such assignment, Company shall be released from all obligations to Customer. Customer may not assign this Agreement, or resell the services which are subject to this Agreement without prior written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties hereto. This Agreement shall be governed by the laws of the State of Colorado.


  9. 9. Full Terms of Use may be located at http://www.copperconferencing.com/terms-of-use.php