LocalWorldNumber Terms of Use and End User License Agreement
LocalWorldNumber, Inc, and its subsidiaries and affiliates (collectively “we”,
“our”, “us”), provides our customers ("you") with a broad range of hosted and
Internet-based telecommunications services, software and client-based
applications, including access numbers around the world, long-distance and
local telephone services, and Voice-over-Internet Protocol (VOIP)
communications, features and functionalities more fully described on
www.LocalWorldNumber.com . As used herein, the term “Service” refers
collectively to all our hosted and Internet-based telecommunications services,
as well as any documentation related.
WE ARE WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICE ONLY ON THE CONDITION
THAT YOU AGREE TO AND ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS “TERMS OF
USE” AND END USER LICENSE AGREEMENT (“AGREEMENT”). WE RESERVE THE RIGHT AT OUR
SOLE DISCRETION TO REFUSE OR DISCONTINUE SERVICE TO ANYONE FOR ANY REASON. WITH
REGARD TO HOSTED SERVICES, WE RESERVE THE RIGHT TO CHANGE OR CANCEL THE SERVICE
OR ITS PRICING AT ANY TIME WITHOUT PRIOR NOTICE; CHANGES TO THE SERVICE OR ITS
PRICING WILL BE EFFECTIVE IMMEDIATELY WHEN POSTED TO THE WEBSITE. BY
REGISTERING FOR OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF OUR TERMS
AND CONDITIONS OF USE AS SET FORTH HEREIN AND IN OUR PRIVACY POLICY AS
CURRENTLY IN EFFECT OR AMENDED FROM TIME TO TIME. WE MAY NOT SPECIFICALLY
NOTIFY YOU OF ANY PROPOSED CHANGES TO THE SERVICE OR THEIR PRICING AND IT IS
RECOMMENDED THAT YOU PERIODICALLY REVIEW THE WEBSITE. YOUR USE OF THE SERVICE
AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL CHANGES.
IMPORTANT
The terms, conditions, and guidelines associated with the use and license of
the Service are set forth in this Agreement. Please read this Agreement
carefully before activating or using our Service or installing any related
software. By registering or using the Service, you agree to abide fully by and
accept all of the terms, conditions, and guidelines set forth in this
Agreement. Please note that we may change this Agreement at any time without
notice, and such changes will be effective immediately upon the posting of such
modified or amended Agreement on the Website. Your use of the Service after
such changes have been posted on the Website constitutes your acceptance of all
changes. Please also note that, at any time, if we determine that you have
abused or violated the letter, spirit, or intent of any of these terms,
conditions, and guidelines, we reserve the right in our sole discretion to
terminate or suspend your account immediately without notice, liability, or
penalty or liability of any kind to us or any our suppliers and/or parent,
subsidiary or affiliated companies. The Service is being offered only to
natural persons age eighteen (18) years or older and legal entities whose
authorized principals are age eighteen (18) years or older. By accepting the
terms of this Agreement, you hereby represent and warrant that you are a
natural person or authorized representative of a legal entity and that you are
18 years or older.
USER RESPONSIBILITIES
In order to use the Service, you must, at your sole expense: (1) provide and be
responsible for payment for all equipment necessary to establish a connection
to the Internet and/or to the Publicly Switched Telephone Network (“PSTN”), as
may be required by our Service; (2) provide for access to the Internet and/or
PSTN and pay any Internet connection service fees associated with such access;
(3) supply and pay for all phone service features required for your use of the
Service; and (4) pay us for the Service.
You agree to provide us with accurate and complete registration information,
inclusive of your legal name, email address, phone number, and mailing address,
and agree to keep that information updated at all times. Failure to do so
constitutes a breach of this Agreement.
Prohibition on Reselling the Service.
Your use of the Service is personal to you and you shall not sell, resell,
assign or transfer the Service without our express prior written consent and
authorization. You further agree that you shall only provide us with
information regarding a credit card for which you are the registered owner and,
under no circumstances shall you provide us with any billing or payment
information (including any credit card information) for any person or entity
other than yourself. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
IF YOU VIOLATE OR BREACH ANY TERM OR CONDITION OF THIS PARAGRAPH, YOU SHALL BE
LIABLE FOR ALL DAMAGES AND EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) AND OUR ATTORNEY’S FEES ARISING OUT OF OR CONNECTED TO
YOUR BREACH OF THIS PARAGRAPH, INCLUDING ANY DAMAGES RESULTING FROM OUR
SUSPENSION, CANCELLATION, DISABLEMENT, TERMINATION OF THE SERVICE TO YOU AND/OR
THE END-USER CUSTOMER TO WHOM YOU MAY HAVE RESOLD THE SERVICES.
PAYMENT AND FEES
You may be required to give us a valid credit card number (Visa, MasterCard,
American Express or any other issuer then-accepted by us) when the Service is
activated or upgraded. As described under “Prohibition on Reselling the
Service,” you shall only provide us with information regarding a credit card
for which you are the registered owner and, under no circumstances shall you
provide us with any billing or payment information (including any credit card
information) for any person or entity other than yourself.
We reserve the right to stop accepting credit cards from one or more issuers
for any reason. If the card expires, you close your account, your billing
address changes, or the card is cancelled and replaced owing to loss or theft,
you must advise us at once. We will bill all charges, applicable taxes and
surcharges monthly in advance (except for usage-based charges, which will be
billed monthly in arrears, and any other charges which we decide to bill in
arrears) to your credit card, including but not limited to: activation fees,
monthly Service fees, international usage charges, advanced feature charges,
equipment purchases, disconnect fees and shipping and handling charges. We
reserve the right to bill at more frequent intervals if the amount due at any
time exceeds $10. Any usage charges will be billed in increments that are
rounded up to the nearest minute except as otherwise set forth in the rate
schedules found on our website
You must notify us in writing within 7 days after receiving your credit card
statement if you dispute any of our charges on that statement or such dispute
will be deemed waived. Billing disputes should be notified to the following
address: support@LocalWorldNumber.com
We will accept payments by credit card only on the terms and conditions
described herein. Your subscription to or order of the Service authorizes us to
charge the credit card account number on file with us, including any changed
information given to us if the card expires or is replaced, or if you
substitute a different card, for all charges incurred by you (or deemed
incurred by you) under this Agreement. This authorization will remain valid
until 30 days after we receive your written notice terminating our authority to
charge your credit card, whereupon we may charge you the disconnect fee and any
other outstanding charges and terminate the Service. We may terminate your
Service at any time in our sole discretion, if any charge to your credit card
on file with us is declined or reversed, your credit card expires and you have
not provided us with a valid replacement credit card or in case of any other
non-payment of account charges. Any Termination of Service, including but not
limited to termination for declined or expired card, reversed charges or
non-payment leaves you FULLY LIABLE to us for ALL CHARGES ACCRUED BEFORE
TERMINATION AND ALL ACCOUNT CHARGEBACKS and all costs incurred by us in
collecting such amounts, such as (but not limited to) collection costs and
banking and attorney's fees, and additional penalties.
The fees paid by you to us are only for your use of the Service. You are
responsible for all charges associated with your telephone, all telephony
equipment, long distance charges and charges for connecting to the Internet
and/or PSTN. You agree that any telephone or other communications mode charges
incurred are your sole responsibility. You may be subject to other charges from
your phone company in addition to the fees for the Service.
CONTENT
You are solely responsible for all content, data, materials, or information you
transmit via the Service (collectively, "Content"). We provide unfiltered
services and do not control Content accessed, posted, recorded, or otherwise
transmitted or received via the Service and do not guarantee the accuracy,
integrity or quality of such Content. This means that Content is not routinely
reviewed before being transmitted through the Service, and we will have no
liability (and you expressly waive all of our liability) for any Content
communicated, accessed, retrieved, recorded, heard, posted, or otherwise
transmitted or received via the Service, regardless of where or how it
originated, whether or not arising under the laws of copyright, patent, trade
secret, defamation, privacy, obscenity, or otherwise. Furthermore, we shall not
be responsible for any unsolicited telephone calls or faxes (e.g.,
telemarketing calls and fax spams) sent or received by you through the Service.
PROHIBITED USES
As a user of the Service, you agree to use the Service only for lawful
purposes. As stated above, you are prohibited from reselling the Service
without our express prior written consent and users interested in reselling our
products or services are encouraged to join our affiliate network by contacting
us at support@LocalWorldNumber.com. Use of the Service for transmission,
distribution, retrieval, or storage of any information, data, or other material
in violation of any applicable law or regulation is prohibited. You also agree
not to use the Service to:
1. Use or transmit any material protected by copyright, trademark, trade
secret, patent, or other intellectual property right without proper
authorization;
2. Threaten, harass, defame, embarrass, or distress any other person or group;
3. Transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar or
otherwise objectionable messages or material;
4. Transmit unsolicited fax or voice advertisements or solicitations
("fax/voice spam") in violation of federal or state laws, including but not
limited to any "do not call" list restrictions;
5. Transmit any information in violation of the Patriot Act or which otherwise
may be deemed in furtherance of terrorist activity or in breach of the national
security of the United States or any other state or nation; or
6. Transmit any materials or information in any manner that violates applicable
law .
Furthermore, the Service and any firmware or software used to provide the
Service or provided to you in conjunction with providing the Service, and all
information, documents and materials on our website(s) are protected by
trademark, copyright or other intellectual property laws and international
treaty provisions. All of our websites, corporate names, service marks,
trademarks, trade names, logos and domain names (collectively "marks") are and
shall remain our exclusive property and nothing in this Agreement shall grant
you the right or license to use any of such marks. You acknowledge that you are
not given any license to use the firmware or software used to provide the
Service or provided to you in conjunction with providing the Service, other
than a nontransferable, revocable license to use such firmware or software in
object code form (without making any modification thereto) strictly in
accordance with the terms and conditions of this Agreement.
If we, in our sole discretion, believe that you have violated the letter or
spirit of any of the above restrictions or that you have otherwise violated any
applicable law, we may forward the objectionable material, as well as your
communications with us and all records of your using the Service, and your
personally identifiable information, to the appropriate authorities for
investigation and prosecution, and may immediately terminate your service
without penalty or liability of any kind to us.
MODIFICATIONS TO SERVICE
With respect to hosted services, we reserve the right to modify, suspend, or
discontinue the Service from time to time with or without notice to you. We
shall not be liable to you or any third party if we exercise our right to
modify, suspend, or discontinue the Service.
SERVICE PARAMETERS
You agree that we, in our sole discretion, have the right to establish limits
which we deem reasonable on the number and/or size of messages or minutes of
usage which you deploy, send, receive and/or store as the case may be, in order
to prevent any negative impact on the use of the Service by others, and you
agree to comply with any such limits which we may establish at our sole
discretion from time to time. We assume no responsibility for the deletion or
failure to deliver or store voice, fax or other messages, or for failure to
receive, place, connect or forward any phone call(s).
You understand and acknowledge that our Flat-Rate or Unlimited plans are
designed for regular personal or reasonable professional use only. Prohibited
uses include but are not limited to Call Centers, Hotlines, Commercial
Answering Services, Commercial Informational Services of any kind, Reservation
Desks, Internet Cafes, Fax Broadcast operations, Telemarketing, Dating
Services, Calling Card or Virtual Calling Card or Virtual Calling Card uses,
and any other communication services or uses requiring particularly heavy
voicemail, fax, call handling, or call forwarding operation. We reserve the
right, in our sole discretion and without penalty to ourselves or our partners,
to suspend or terminate any Free, Flat-Rate or Unlimited accounts that are in
violation of this clause, as well as the right to charge for unauthorized or
excessive use at the prevalent metered plan rates. Additionally, any of our
service plans may be discontinued or modified in our sole discretion at any
time without notice and without us or our partners incurring any liability or
penalty even if advised of possibility of damages in advance.
GENERAL TERMS
You acknowledge that your right to use the Service is subject to the following
limitations:
1. Monthly Service: For monthly subscribers, the Service is offered on a
monthly basis for a term which begins on the date that we activate your Service
and ends on the day before the same date in the following month. Subsequent
terms of this Agreement automatically renew on a monthly basis without further
action by you unless you give us written notice of non-renewal at least ten
(10) days before the end of the monthly term in which the notice is given. YOU
ARE PURCHASING AND RENEWING THE SERVICE FOR FULL MONTHLY TERMS, MEANING THAT IF
YOU ATTEMPT TO TERMINATE SERVICE PRIOR TO THE END OF A MONTHLY TERM, YOU WILL
BE RESPONSIBLE FOR THE FULL AMOUNT OF ALL CHARGES AND FEES OF ANY KIND RELATED
TO YOUR ACCOUNT UNTIL THE END OF THE THEN-CURRENT MONTHLY TERM, INCLUDING
WITHOUT LIMITATION UNBILLED CHARGES, ALL OF WHICH IMMEDIATELY BECOME DUE AND
PAYABLE. EXPIRATION OF THE TERM OR TERMINATION OF SERVICE DOES NOT EXCUSE THE
CUSTOMER FROM PAYING ALL UNPAID, ACCRUED CHARGES DUE IN RELATION TO THE
AGREEMENT.
2. Annual Service: For annual subscribers, the service is offered on an annual
basis for a term which begins on the date that we activate your Service and
ends on the day before the same date in the following year. Subsequent terms of
this Agreement automatically renew for 12 month terms on an annual basis
without further action by you unless you give us written notice of non-renewal
at least thirty (30) days before the end of the then-current annual term in
which the notice is given. YOU ARE PURCHASING AND RENEWING THE SERVICE FOR A
FULL 12-MONTH TERM, MEANING THAT IF YOU ATTEMPT TO TERMINATE SERVICE PRIOR TO
THE END OF THE CURRENT ANNUAL TERM, YOU WILL BE RESPONSIBLE FOR THE FULL AMOUNT
OF ALL CHARGES AND FEES OF ANY KIND RELATED TO YOUR ACCOUNT UNTIL THE END OF
THE THEN-CURRENT 12 MONTH TERM, INCLUDING WITHOUT LIMITATION UNBILLED CHARGES,
ALL OF WHICH IMMEDIATELY BECOME DUE AND PAYABLE. UNDER NO CIRCUMSTANCES SHALL
EXPIRATION OF THE TERM OR TERMINATION OF SERVICE (INCLUDING EARLY TERMINATION)
EXCUSE YOU FROM PAYING ALL UNPAID, ACCRUED CHARGES DUE IN RELATION TO THE
AGREEMENT FOR AND THROUGH THE ENTIRE 12 MONTH TERM.
3. You acknowledge and understand that the Service does not function in the
event of power failure and may not be fully operational and functional 24 hours
a day / seven days a week. You also acknowledge and understand that the Service
requires a fully functional connection to the Internet and/or PSTN (which we do
not provide) and that, accordingly, in the event of an outage of, or
termination of service with or by, your Internet service provider ("ISP")
and/or broadband provider or your phone company, the Service will not function,
but that you will continue to be billed for the Service unless and until you or
we terminate the Service in accordance with this Agreement. Should there be an
interruption in the power supply or ISP or phone company outage, the Service
will not function until power is restored or the ISP outage is cured. A power
failure or disruption may require you to reset or reconfigure equipment prior
to utilizing the Service. Should we suspend or terminate your Service, the
Service will not function until such time as we restore your Service (which may
require payment of all invoices and reconnection fees owed by you or cure of
any breach by you of this Agreement). We make no guarantee of any kind
regarding the Service or its continued and/or uninterrupted operation and
functionality and, by using the Service, you (1) acknowledge and agree that the
Service may not be fully operational and functional 24 hours a day / seven days
a week, (2) assume all risk of loss and damage of any kind related thereto, and
(3) understand and agree that we may plead this Agreement as a full and
complete defense thereof.
4. As described more fully under “Prohibited Uses,” we reserve the right to
suspend or discontinue providing the Service generally, or to terminate your
Service, at any time in our sole discretion. If we discontinue providing the
Service generally, or terminate your Service in our discretion without a stated
reason, you will only be responsible for charges accrued through the date of
termination, including a pro-rated portion of the final month's charges. If
your Service is terminated for any stated reason, including without limitation
violation of this Agreement, or because of any improper use of the Service
(such as, but not limited to, your attempts to hack, disrupt, or misuse the
Service or your acts or omissions that violate any of our acceptable use
policies or of a third party provider to which we are subject), you will be
responsible for all charges to the end of the current term, including without
limitation unbilled charges, all of which immediately become due and payable.
5. You are responsible for, and shall pay, any applicable federal, state,
provincial, municipal, local or other governmental sales, use, excise,
value-added, personal property, public utility or other taxes, fees or charges
now in force or enacted in the future, that arise from or as a result of your
subscription or use or payment for the Service or a Device. Such amounts are in
addition to payment for the Service or Devices and will be billed to your
credit card as set forth in this Agreement. If you are exempt from payment of
such taxes, you shall provide us with an original certificate that satisfies
applicable legal requirement attesting to tax-exempt status. Tax exemption will
only apply from and after the date we receive such certificate.
6. You acknowledge and understand that the Service is not a telephone service.
Important distinctions (some, but not necessarily all, of which are described
in this Agreement) exist between telephone service and the enhanced
telecommunications service offering we provide. The Service is subject to
different regulatory treatment than telephone service. This treatment may limit
or otherwise affect your rights of redress before Federal, State or Provincial
telecommunications regulatory agencies.
VIOLATION OF THIS AGREEMENT
In the event of any actual, threatened, or potential violation of the letter,
spirit, or intent of any of the terms or conditions of this Agreement as
determined by us in our sole discretion, we reserve the right to suspend or
terminate, either temporarily or permanently, any or all services provided to
you by us, to block any prohibited activity, or to take any other actions
deemed appropriate by us in our sole discretion and without prior notice. With
respect to abuse of the limits established from time to time by us on the
number and/or size of messages which you send, receive and/or store while using
the Service, or the number and/or length of calls you place or receive while
using the Service, we also reserve the right to charge abusers, including any
users of our free or unlimited plans, at minute rates as then in effect. Users
who violate this Agreement may additionally incur criminal and/or civil
liability. We may refer violators to civil or criminal authorities for
prosecution, and will cooperate fully with applicable government authorities in
connection its investigations of any suspected civil or criminal violations.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD US AND EACH OF OUR RESPECTIVE PARENT,
SUBSIDIARIES, AFFILIATES, TELECOMMUNICATIONS PROVIDERS, SERVICE PROVIDERS,
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND,
INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE
USE, SUSPENSION, DISABLEMENT, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT ON
THE SERVICE, ANY CONTENT POSTED, RECORDED, TRANSMITTED, OR RELAYED TO OR
THROUGH THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY
THIRD PARTY RIGHTS.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED BY US TO YOU ON AN "AS IS" BASIS. NEITHER WE NOR OUR
ANY OF OUR SUBSIDIARIES, PARENT, PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION AND FUNCTIONALITY OF THE SERVICE AND/OR THE SOFTWARE OR ANY CONTENT
TRANSMITTED OR MADE AVAILABLE BY OR THROUGH THE SERVICE AND/OR SOFTWARE. WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. FURTHERMORE, WE DO NOT WARRANT THAT USE OF THE SERVICE
AND/OR SOFTWARE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY
LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICE AND/OR SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES,
SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH BE
LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, SUSPENSION,
CANCELLATION, DISABLEMENT, TERMINATION, OR THE RESULTS OF USE OF THE SERVICE,
ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT
ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
AGGREGATE LIABILITY TOGETHER WITH THAT OF ANY OF OUR RESPECTIVE SUPPLIERS,
SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH, ARISING FROM OR
RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, (E.G.
CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR
ANY OTHER LEGAL THEORY)) IS LIMITED TO FIFTY DOLLARS ($50). APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
1.) act or omission of ourselves, an underlying carrier, service provider,
vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of God; strikes;
fire; war; riot; computer viruses and worms; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power
to you or us;
8) outage of your phone company, ISP or broadband service provider, or ourselves
or our underlying carrier;
9) act or omission of ourselves, you or any person using the Service; or
10) any other cause, including without limitation a failure of or defect in any
Device or the Software, the failure of an incoming or outgoing communication,
the inability of communications (including but not limited to without
limitation 0+ or 911 dialing) to be connected or completed, or degradation of
voice or fax quality.
You also acknowledge and agree that we make no representation, and do not
purport to offer any enhancements, with respect to processing of Caller ID
information from incoming callers. We will attempt to display and log caller's
Caller ID information as it is provided to us by the telecommunications network
provider(s), but we make no representations of any kind that suchattempts shall
be successful. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY WITH
RESPECT TO BLOCKING OUT CALLER ID INFORMATION IF IT IS PRESENTED TO US AS
UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF
IT IS OTHERWISE UNAVAILABLE TO US. YOU EXPRESSLY AGREE TO FULLY INDEMNIFY AND
HOLD US HARMLESS FROM AND AGAINST ANY LIABILITIES OF ANY KIND PERTAINING TO
INAPPROPRIATE OR UNAUTHORIZED USE OF THE CALLER ID INFORMATION, AS WELL AS ANY
FAILURE BY US, PARENT, SUBSIDIARIES, AFFILIATES OR OUR SUPPLIERS TO BLOCK OUT
CALLER ID INFORMATION, IF IT IS PRESENTED TO US AS UNBLOCKED, OR UNBLOCKING
SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF THE CALLER ID OR CALLER
ID BLOCKING INFORMATION IS OTHERWISE UNAVAILABLE TO US.
TERMINATION
Either you or we may terminate your account at any time. This is your sole and
exclusive remedy with respect to any dissatisfaction with the Service, the
terms and conditions set forth in the Agreement as may be updated from time to
time, or any of our other policies and practices now in effect or that may be
adopted or modified in the future. You may terminate your account through the
Website or using the contact info in the Website. Your account termination will
take effect within a reasonable amount of time after our receipt of your
termination notice. We reserve the right to restrict access to the Service to
any user (including you) if we reasonably believe that you have breached this
Agreement in any way and may, at any time, in our sole discretion, with or
without notice and with or without cause, immediately deny access to the
Service and/or our Software and may remove all account information, voice and
fax mail boxes and their contents, and any other content. PLEASE NOTE THAT
MONTHLY, BIANNUAL, AND ANNUAL SUBSCRIPTION PAYMENTS FOR THE SERVICE ARE
NON-REFUNDABLE AND WILL NOT BE PRORATED REGARDLESS OF USAGE.
GENERAL
This Agreement shall be governed by and construed in accordance with the laws
of the state of Pennsylvanya as it is applied to contracts entered into
exclusively by residents of the state of Pesssylvanya. You also consent to the
exclusive jurisdiction of the state and federal courts in Philadelphia County,
California, and you further consent to the exercise of personal jurisdiction of
the courts therein. If any provision(s) of the Agreement is found to be
contrary to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect. Our failure in any instance to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by us in writing.
You and we agree that any cause of action arising out of or related to this
Agreement or the Service and/or our Software must commence within one (1) year
after the events giving rise to the cause of action first arose; otherwise,
such cause of action is permanently barred. The section titles in this
Agreement are solely used for the convenience of the parties and have no legal
or contractual significance. These terms and conditions constitute the entire
agreement between you and us with respect to the subject matter herein and
supersede in their entirety any and all prior or contemporaneous oral or
written agreements. You may not assign this agreement to any other party.
BY CLICKING ON THE "ACCEPT" BUTTON DURING THE SIGNUP PROCESS, OR OTHERWISE
USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT AND AGREE TO BE BOUND BY ITS TERMS.
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