First Call Terms and Conditions
Applicability & Acceptance of These Terms and Conditions
1. The following terms and conditions of use, as amended from time to time, (the “Terms and Conditions”) govern your use of the website www.getfirstcall.com, which shall include, without limitation, the iOS application and all pages under the same domain name, and all content thereon (the “Site”) as provided by First Call Technologies, LLC. (“First Call” or “we”).
2. The term "you" or "user" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
3. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Site. BY VIEWING, USING, ACCESSING, BROWSING, OR SUBMITTING ANY CONTENT OR MATERIAL ON THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE AS A BINDING LEGAL AGREEMENT BETWEEN YOU AND FIRST CALL, WITHOUT LIMITATION OR QUALIFICATION.
4. If you do not agree to the Terms and Conditions, you must not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
5. We encourage you to drink responsibly. If you choose to enjoy adult beverages, you should act like an adult. If you drink, be a hero and don’t drive.
6. This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site and must provide photo identification upon request to verify your age. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.
7. You agree to use this Site for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by First Call and that you will not access First Call by any other means other than through the interface provided.
8. In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to First Call will always be accurate, correct, up to date and that you have the legal right to use or provide that information.
9. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on First Call.
10. You agree that you are solely and personally responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage First Call may suffer. You also agree that First Call has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
11. First Call does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies First Call may have at law or in equity.
Passwords, Privacy and Security
12. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable.
13. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
14. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely and personally responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at firstname.lastname@example.org.
16. By signing up and purchasing your First Call membership (“Membership”), you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers, usage, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or reactivation fees, as further explained below.
17. We use a third-party payment processor (the “Payment Processor”) to bill your account on the services (your “Billing Account”) for use of the Membership. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms and Conditions. We are not responsible for errors by the Payment Processor. By choosing to use the Membership, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Membership in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
18. When you sign up and purchase your Membership, your first Membership cycle will be billed immediately. Your Membership will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paying membership began on a date not contained in any following month, we may bill your Payment Method on any date in the following month that we deem appropriate. For example, if you started your First Call membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to such changes in your membership.
19. Generally, our fees (including the monthly fee for your Membership and any other fees) are nonrefundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (1) if you are canceling your subscription and request a refund within 5 days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
20. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Site or such other means as we may deem appropriate from time to time, such as email.
21. You may edit your Payment Method information by logging onto the Site and editing your information under "My Account" and then "Settings" on, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
22. You may terminate your monthly subscription at any time by going into your accounts settings on the First Call application and canceling. Following any cancellation you will continue to have access to your subscription through the end of your current prepaid billing period, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your membership, this is a reactivation fee (currently $25 but subject to change without notice) if you want to return to First Call in future months.
23. In lieu of cancellation, we also may give you the option to put your Membership on hold at any time, subject to a fee per billing cycle. You must request a hold at least 3 days prior to your next billing date in order to put your Membership on hold from that billing date (i.e., if your next billing date is September 30th and you want to put your Membership on hold from that date, notify First Call that you want to put your Membership on hold by September 27th). Even though your Membership will be on hold, your account is left active. In this case only there will be no reactivation fee to return to a full Membership. If your Membership is on hold and you wish to cancel your Membership, you may cancel at any time in accordance with paragraph 21.
24. From time to time we may offer a trial membership that includes standard access to the First Call platform during the trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 11:59pm ET on the last day of the trial (for a one-week trial, the last day of the trial would be the one weekday before the day you signed up of the following week). Each trial membership automatically will convert to a regular membership at the regular membership fee at that time unless canceled by 11:59pm ET on the last day of trial. Customers that cancel and do not convert to a regular membership may not use the First Call application. Unless we expressly communicate otherwise, trial memberships are only available to new customers that have never had a Membership before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
25. From time to time we may make available ourselves or through third parties gift cards for Membership. The purchase and redemption of gift cards may be subject to additional terms. From time to time, other types of promotions, including through the use of promotional codes, may be available, including those provided as part of a third party promotion. Promotions and promotional codes may be redeemed as described in the specifics of the promotion. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional codes are only available to new customers that have never had a Membership before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for promotions, your Membership must not be on “hold”. If you received a promotional code through an offer by a third party, additional conditions may apply.
26. First Call provides a market service, and a market service only, for our venue partners (each, a "Bar"), through which they are able to market themselves to our customers. At the time of signing up for your Membership, you will be charged by a Payment Processor who will transfer and deliver funds to First Call. At no time are you buying any alcoholic beverage from or with First Call. You are simply purchasing an ability to use our site. All credit card transactions will be listed as “First Call Technologies”.
27. User shall indemnify and hold harmless First Call and its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, bars, merchants, or licensors (collectively, "First Call Affiliates") from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to the consumption of any alcoholic beverage(s), and/or any consequences which result thereof.
28. ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
29. WARNING: No person shall sell or give away any alcoholic beverages to any person under the age of 21 years or any visibly intoxicated person.
30. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF 21 TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.
31. First Call grants you permission (which may be revoked at any time for any reason or no reason) to access the Site and to download, email, share via social networking or print individual pages from the Site in accordance with the Terms and Conditions and solely for the purpose of placing an order with First Call, referring a friend and for your personal and non-commercial use of First Call, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not misuse the Site. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by First Call, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent of First Call. You may like or follow First Call or share links to the Site via social networking technology referenced on the Site. The licenses granted by First Call terminate if you do not comply with the Terms and Conditions. First Call reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
32. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree:
• To comply with US law and local laws or rules regarding online conduct and acceptable material;
• Not to use the Site to gain access to our venue network unless you and those accompanying you are 21 or older and present a valid photo identification(s) verifying your age upon request;
• By using this site, you swear and affirm that you are over the age of 21. First Call reserves the right to prosecute to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly, or any attempt to use First Call to provide alcohol to a person under the age of 21. First Call makes every effort to ensure that its users are not under the age of 21.
• Not to access the Site or services using a third-party's membership,, account or registration without the express consent of the account holder;
• Not to use the Site for illegal purposes;
• Not to commit any acts of infringement on the Site or with respect to content on the Site;
• Not to use the Site to engage in commercial activities apart from sanctioned use of First Call services;
• Not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;
• Not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
• Not to attempt to gain unauthorized access to other computer systems from or through the Site;
• Not to interfere with another person's use and enjoyment of the Site or another entity's use and enjoyment of the Site;
• Not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
• Not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).
33. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that First Call will be entitled to temporary and permanent injunctive relief to prohibit such use.
34. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in the and Conditions without advance, written permission of First Call. All Site content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Site are the property of, or duly licensed to, First Call.
Disclaimer Of Warranties
35. The Site, including, without limitation, all content, functions and materials is provided “as is” and “as available” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. First Call does not warrant that the Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. First call makes no warranty that the Site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from First Call or through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
36. Any products or services obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage that results from your use of the services and products.
Limitation Of Liability
37. In no event shall First call or any of its vendors, Affiliates or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, the products and services on this Site or under any theory of liability whatsoever even if First Call or such individual has been advised of the possibility of such damages. This includes any loss or damage which may be incurred by you including, but not limited to, loss or damage as a result of:
• Any reliance placed by you on the completeness, accuracy or existence of content, or as a result of any relationship or transaction between you and any advertiser whose content appears on the site;
• Your failure to keep your password or account details secure;
• Your failure to provide accurate account information; and
• Any change made by First Call to the Site or for any permanent or temporary cessation in the provision of services.
38. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
39. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with First Call of such Linked Sites or the content, products, advertising or other materials presented on such sites. First Call does not author, edit, or monitor these Linked Sites. You acknowledge and agree that First Call is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
PLEASE READ THE FOLLOWING CAREFULLY:
40. The provisions in this section of the Terms and Conditions set forth under the heading under “Arbitration Agreement” (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any disputes that may arise between you and First Call. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
41. Please read this Arbitration Agreement carefully. It provides that all disputes between you and First Call shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
42. For the purpose of this Arbitration Agreement, “First Call” means First Call and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and First Call regarding any aspect of your relationship with First Call, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
43. We each agree that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this arbitration agreement.
44. For all Disputes, whether pursued in court or arbitration, you must first give First Call an opportunity to resolve the Dispute. You must commence this process by mailing written notification to First Call, 222 Broadway, Floor 19, New York, NY 10038. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If First Call does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
45. Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Arbitration Agreement by mailing written notification to First Call, 222 Broadway, Floor 19, New York, NY 10038. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with First Call through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with First Call. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
46. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre Arbitration Claim Resolution”) either you or First Call may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with First Call, the Terms and Conditions, and this Arbitration Agreement may concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
47. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
48. You may initiate arbitration in either New York County, New York, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that First Call initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
49. Except as otherwise provided in this Arbitration Agreement, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and First Call specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Arbitration Agreement as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other member of First Call and/or user of First Call services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.
50. You understand and agree that, by entering into this Arbitration Agreement, you and First Call are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and First Call might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
51. If any provision within this Arbitration Agreement (other than the paragraph 49 above) is found to be illegal or unenforceable, that provision will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If paragraph 49 is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court.
52. This Arbitration Agreement shall survive the termination of your contract with First Call and your use of the Site and First Call services.
53. The Terms and Conditions shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions. You agree that any claim or dispute you may have against First Call must be resolved by a court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration Agreement above. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
54. We may assign our rights and obligations under the Terms and Conditions. The Terms and Conditions will inure to the benefit of our successors, assigns and licensees.
55. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
56. The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
57. The Terms and Conditions and any applicable additional terms, as each may be amended as set forth herein, are the entire agreement between you and First Call relating to the subject matter herein.
58. YOU AND First Call AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS AND CONDITIONS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
59. The services hereunder are offered by First Call Technologies, LLC located at 222 Broadway, Floor 19, New York, NY 10038.No waiver of any of the Terms and Conditions by First Call is binding unless authorized in writing by an executive officer of First Call. In the event that First Call waives a breach of any provision of the Terms and Conditions, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and Conditions and will in no manner affect the right of First Call to enforce the same at a later time.
60. You acknowledge and agree that First Call may terminate providing any services or the legal agreement between you and First Call for any reason at any time. If at any time, the relationship between First Call and you ends, the provisions in the Terms and Conditions set forth under the heading “Miscellaneous” and the Arbitration Agreement shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.
The Site is not intended for or directed to any persons under the age of 21, and we will not knowingly collect information from such persons. Any person who provides information to us through registration or in any other manner on the Site represents to First Call that they are 21 years of age or older. If we learn that a person under 21 has submitted personal information to us, we will attempt to delete the information as soon as possible. If you learn that a minor child has provided us with personal information without your consent, please contact us at the email address on the bottom of this page.
Notice of Information We Collect
1. Personally Identifiable Information ("PII") is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided through the Sites (for example, to use the services offered on the Sites), we may require that you furnish PII. For example, we may ask you to complete a registration form that asks for contact information (such as name, date of birth, address, telephone number, and e-mail address) or an order form that asks for financial information (like credit card number, expiration date, and billing address). If you communicate with us by e-mail, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as PII. You may choose not to provide us with certain Personal Information. In such an event, you can still access and view much of the Sites; however, you may not be able to register for, or order any, products or services. In addition, you can choose not to provide certain optional information, but then you might not be able to take full advantage of many of the features on the Sites.
2. Non-Personally Identifiable Information ("Non-PII") is aggregated information, demographic information and any other information that does not reveal your specific identity. We and our third party service providers may collect your Non-PII, including information about the device you are using in accessing and/or using the Sites, information from referring websites, and your interaction with the Sites. We and our third party service providers also may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Sites, for example, by using PII to calculate the percentage of our users who have a particular telephone area code.
Our mobile applications will also collect the following data from your device which is Non-PII:
• Log data. When you use First Call, our servers automatically record information, including information that your mobile device sends whenever you’re using it. This log data may include your Internet Protocol address, your browser type and settings, the date and time of your request, information about your browser configuration and plug-ins, language preferences, and cookie data. Log data does not contain personally identifiable data and is not routinely deleted.
• Device information. In addition to log data, we may also collect information about the device you’re using First Call on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information depends on what type of device you’re using and its settings.
• Geo-location information. Precise GPS from mobile devices is collected only with your permission. WiFi and IP addresses received from your browser or device may be used to determine approximate location.
• First Call usage information. This is information about which venue, features, and redemptions you interact with within First Call and what integrations with related services you use.
We use Google Analytics Demographics and Interest Reporting on the Site, in order to learn about the kind of users that visit our Site, and possibly target future advertising or tune our content based on that. All data is anonymized and we don't match it to usernames, email addresses or any other personally identifying information. You may use this browser add on https://tools.google.com/dlpage/gaoptout/ which will allow you to opt out of Google Analytics entirely.
IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (“ISP”). Your IP Address is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) of the Sites that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.
First Call uses PII for several general purposes:
• to provide you with the Site, service information, and news;
• to support the Site and services offered on or through the Site;
• to contact you for feedback about our services;
• to conduct research about First Call’s customer base or services;
• to allow you to redeem First Call services at venues in our network;
• to process your payments including credit checks and collection;
• to notify you of technical updates or changes in policy;
• to contact you for our own marketing and promotional purposes; or
• to process contests, sweepstakes, or other promotions and fulfill any awards or discounts.
We may use Non-PII such as demographic data to analyze and develop our marketing strategy and further improve the Site and our services.
Information Sharing and Disclosure
We may disclose your PII to other companies or people under any of the following circumstances:
• to any applicable venue, or other service provider for each redemption of any First Call service or activity that you conduct on the mobile application, so it can contact you regarding your experience with the venue and send you other communication that may be of interest say as special offers (you may opt-out of marketing communications directly with the applicable venue);
• if sharing the information is reasonably necessary to provide or otherwise make available the Site and any feature of the Site or a service that you have requested;
• to keep you up to date on the latest product announcements, software updates, special offers, or other information we think you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications). (Note that you will not be able to opt-out of service announcements that contain important information relevant to your use of the Site and are not promotional in nature.);
• if we believe in good faith that we are required to do so by law, in connection with litigation, to prevent a crime, or to protect personal property, the public, or the Site;
• in connection with a sale or merger with another entity, consolidation, restructuring, sale of company assets, change of control, financing or other corporate change, including during the course of any due diligence process or if First Call should ever file for bankruptcy or related proceeding; or
• when we have your consent to share the information.
First Call may also share Non-PII with third parties (e.g. aggregate or demographic data).
You may correct, amend, or delete your PII by editing your profile on the Site or emailing us at email@example.com.
We are committed to protecting PII from loss, misuse, disclosure, alteration, unauthorized access, and destruction. First Call takes reasonable precautions to safeguard the confidentiality of PII. We protect the security of your PII during transmission to us by using Secure Sockets Layer (“SSL”) software, which encrypts the information you input.
Third Party Sites
The Site may contain links to other sites. First Call is not responsible for the privacy practices of such other sites. We encourage our users to be aware when leaving the Site to read the privacy statements of each site that collects Personally Identifiable Information.
We use third-party advertising companies to serve advertisements on our behalf or to provide advertising-related services. These companies may use a cookie or an action tag, to tailor the advertisements you see on this Site and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any personal information.
You can learn more about targeted advertising, its benefits and your choices by going to the Digital Advertising Alliance (“DAA”) site at http://www.aboutads.info/consumers/. The targeted advertising companies we work with are members of the Network Advertising Initiative (“NAI”) or the DAA. The NAI and the DAA allow you to limit targeted advertising from its members by using an opt-out tool available on the NAI website at networkadvertising.org or the DAA’s site.
We may also use third parties to provide measurement and analytic services (see the information set out under the heading “Google Analystics” above). You can find more information on Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
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First Call Technologies, LLC
222 Broadway, Floor 19
New York, NY 10038
Last Updated: March 15, 2016