|
General
Service Agreement
|
General Service
Agreement
1. Acknowledgment and
acceptance of terms of use
Alphonzzo, herein known as (COMPANY),
provides telecommunication services (SERVICE) described in greater
detail on our web site to you (END USER) subject to the following
conditions:
By accessing this site and/or
registering or using the SERVICE, the END USER acknowledges
receiving, reading and understanding this General Service
Agreement (AGREEMENT) and accepts the terms and conditions herein.
If END USER does not agree to these Conditions of Use, please do
not use our site or the SERVICE. COMPANY reserves the right, at
our discretion, to update or revise these Conditions of Use. Each
time END USER logs in or otherwise access this site or use the
SERVICE following the posting of any changes to the Conditions of
Use, END USER hereby accept these changes regardless of whether
END USER have checked or visited the Conditions of Use portion of
the site. These Conditions of Use govern the use of our site and
our service by viewers and other users.
2. Conduct
END USER is solely responsible for
actions and the content of your transmissions through or in
connection with the SERVICE, it being understood that each
employee acts on behalf of any company with which such employee is
associated in all actions and submissions on or in connection with
the SERVICE. END USER agrees:
(a) to abide by all applicable local,
state, national, and international laws and regulations in your
use of the SERVICE;
(b) not to use the SERVICE for
illegal purposes;
(c) not to use or attempt to use
another person's or entity's account, telephone number, SERVICE,
system or other Confidential Access Information without
authorization from the owner;
(d) to comply with all laws regarding
the transmission of voice or technical data (including all export
laws, regulations, and restrictions of the United States);
(e) not to make unsolicited contact,
stalk, threaten, or harass anyone through, in connection with, or
utilizing any data collected through the SERVICE;
(f) that COMPANY neither endorse the
content of any of your communications nor assume any
responsibility for any threatening, libelous, obscene, harassing
or offensive material contained in such materials, or any crime
facilitated by use of the SERVICE;
(g) not to interfere or disrupt
networks connected to the SERVICE or otherwise attempt to
interfere with the proper function of the SERVICE; and
(h) not to attempt to obtain
unauthorized access to the SERVICE.
COMPANY, at our sole discretion may
immediately terminate your access to the SERVICE and/or this site
should your conduct fail to conform to any provision of this
AGREEMENT.
3. Terms of use for free
account
For Free user user (otherwise known
as free account owner), the SERVICE is provided to END USER for
your personal, residential, non-business and non-professional use.
This means that END USER are not to use it for any commercial or
governmental activities, profit-making or non-profit, including
but not limited to home office, business, sales or any other
activity that would be inconsistent with normal personal usage
patterns. This also means that END USER not to resell, package
with equipment or transfer the SERVICE to any other person for any
purpose, or make any charge for the use of the SERVICE, without
express written permission from our company. COMPANY reserve the
right to immediately terminate or modify the Service, if it is
determined, in our sole discretion, that Customer's Service is
being used for non-personal or business use.
4. Terms of use for
Individual SERVICE
For Individual service user, the
SERVICE is provided to END USER as an individual user, for your
personal, residential, non-business and non-professional use. This
means that END USER are not to use it for any commercial or
governmental activities, profit-making or non-profit, including
but not limited to home office, business, sales, tele-commuting,
telemarketing (including without limitation charitable or
political solicitation or polling), autodialing, continuous or
extensive call forwarding, fax broadcast, fax blasting or any
other activity that would be inconsistent with normal individual
usage patterns. This also means that END USER are not to resell or
transfer the SERVICE to any other person for any purpose, or make
any charge for the use of the SERVICE, without express written
permission from our company. END USER agree that your use of the
SERVICE provided to END USER by any other person for any business
or governmental purpose will obligate END USER to pay the higher
rates for business service on account of all periods, including
past periods, in which END USER use, or used, the SERVICE for
business or governmental purposes. COMPANY reserves the right to
immediately terminate or modify the Service, if COMPANY
determines, in its sole discretion, that Customer's SERVICE is
being used for non-individual or business use.
5. Terms of use for Business
SERVICE - Resale, even for free is prohibited
For Business SERVICE user, the
SERVICE is provided to END USER as a business user. This means
that END USER are not to resell or transfer the SERVICE to any
other person for any purpose, without express written permission
from our company. END USER agree that the Business Plans do not
confer the right to use the SERVICE for auto-dialing, continuous
or extensive call forwarding, call centers (incoming or outgoing),
telemarketing (including without limitation charitable or
political solicitation or polling), fax broadcasting or fax
blasting. COMPANY reserves the right to immediately terminate or
modify the SERVICE, if COMPANY determines, in its sole discretion,
that Customer's SERVICE is being used for any of the activities
mentioned above.
6.
Termination/Upgrade/Downgrade of Monthly Calling Plans
For Individual and Business monthly
plan users the SERVICE is provided on a monthly basis and is paid
in advance for each month. The monthly plan activation date is
deemed the anniversary date. The monthly plan will renew each
month on the anniversary date unless terminated by the customer.
Notice of termination must be in writing via email to our email
address of record two days prior to the anniversary date. Monthly
plan fees will not be prorated and/or refunded for the termination
month. Notice of termination received after the required notice
date will be effective for the next anniversary date. A setup fee
will be charged to reactivate plans that were previously
terminated. Requests to upgrade or downgrade a monthly calling
plan to a different calling plan must be submitted in writing and
to the email address of record. Request to change an existing plan
must be submitted at least five days prior to the monthly
anniversary date. Requests to upgrade or downgrade a monthly plan
are not automatic and are subject to approval by Our Company.
Existing monthly plan customers that receive approval from to
change to a more expensive (upgrade) monthly plan may do so
without having to pay another setup fee. Existing monthly plan
customers that receive approval to change to a less expensive
(downgrade) monthly plan may do so and will be required to pay
another setup fee.
7. Prohibited Uses
Any End User's use of the SERVICE or
any other action that causes a disruption in the network integrity
of our company or its vendors, whether directly or indirectly, is
strictly prohibited and could result in termination of the SERVICE
and/or payment for damages relating to such conduct. The End User
understands that neither us nor our vendors are responsible for
the content of the transmissions that may pass through the
Internet and/or the SERVICE. The End User agrees that it will NOT
use the SERVICE in ways that violate laws, infringe the rights of
others, or interfere with the users, services, or equipment of the
network. The End User agrees and represents that it is using the
SERVICE for its own internal use only, and shall not resell the
SERVICE thereof. The SERVICE is for the personal, residential and
reasonable business use of the End User only. Such use shall not
include certain activities, including but not limited to any
autodialing, continuous or extensive call forwarding, continuous
connectivity, fax broadcast, fax blasting, telemarketing or any
other activity that would be inconsistent with personal,
residential and reasonable business use patterns.
8. Changes to the Agreement
and SERVICE
COMPANY may change the terms and
conditions this Agreement from time to time and at its discretion
without prior notice. COMPANY reserves the right to change,
suspend or cancel the SERVICE, temporarily or permanently, with or
without notice to the End User. COMPANY will not be liable to the
End User or any third party in the event that COMPANY exercises
its right to modify or discontinue the SERVICE.
9. Telephone Numbers
Any telephone number provided (the
Number) to the End User shall be leased and not sold to the End
User. The End User shall not obtain any rights, title or interest
in the Number. The Number is not portable to other service
providers. The End User is not to use the Number with any other
device other than the approved equipment (the Equipment) without
the express written permission of our company. COMPANY reserves
the right to change, cancel or move the Number at its discretion.
Upon expiration, cancellation or termination of the SERVICE, the
End User shall relinquish and discontinue use of any phone
numbers, voice mail access numbers and/or web portals assigned to
the End User by our company.
10. Fees
COMPANY does not currently charge any
fees to use The Free Internet calling SERVICE. COMPANY reserves
the right to change this policy at its sole discretion without
prior notice. The End User is responsible for procuring and paying
the costs for any software, hardware, or internet/broadband
connection charges necessary to access and use the SERVICE.
11. Payment
All paid services new or recurring
are prepaid.
Your initial use of the SERVICE
authorizes us to charge the credit card account number on file
with our company, including any changed information given if the
card expires or is replaced, or if END USER substitute a different
card, for recurring charges. This authorization will remain valid
until 30 days after receives your written notice terminating
authority to charge your credit card.
12. Late/Non-payment
COMPANY may terminate your SERVICE at
any time in its 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.
13. Billing
The SERVICE user must provision us
with a valid credit card number (Visa, MasterCard, Discover,
American Express or any other issuer then-accepted by our company)
when the SERVICE is activated. COMPANY reserves the right to stop
accepting credit cards from one or more issuers. If the card
expires, END USER close your account, your billing address
changes, or the card is cancelled and replaced owing to loss or
theft, END USER must advise us immediately. Such billing charges
will include monthly SERVICE fees, applicable taxes and any other
applicable charges. Monthly SERVICE fees are charged in advance to
your credit card, including but not limited to: monthly recurring
charges.
14. Taxes
END USER 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.
15. Technical Support
COMPANY provides the End User with
technical support at its sole discretion and as limited to the
SERVICE and the Equipment provided hereunder. Technical support is
rendered from our premise, as available, via email. Support for
other applications and uses is not provided or implied.
16. Termination
COMPANY reserves the right to, in its
sole discretion, suspend or discontinue your access to all or part
of this site or the SERVICE, with or without notice. COMPANY will
not be liable to END USER or any third party for termination of
the SERVICE.
17. Indemnification
The End User agrees to defend,
indemnify and hold harmless our company, its directors, officers,
shareholders, affiliates, agents, successors, assigns and vendors,
from any claims or damages relating to this Agreement or a breach
or violation of this Agreement, including reasonable attorneys'
fees.
18. Critical Components:
EMERGENCY SERVICES - 911 Service
18.1 Non-Availability of
Traditional 911 or E911 Service.
END USER MUST MAINTAIN AN ALTERNATE
MEANS OF REQUESTING EMERGENCY SERVICES. END USER acknowledges and
understands that COMPANY does NOT support traditional 911 and E911
access to emergency services. The limited emergency response
service provided by us differs in a number of important ways from
traditional 911 and E911 as explained further below. END USER must
maintain an alternate means of accessing traditional emergency
response services.
END USER acknowledges and understands
that our 911 Service cannot be used in conjunction with a Soft
Phone or non-interconnected Virtual Numbers (virtual numbers not
associated with a DID and therefore cannot receive calls from a
PSTN line). Our 911 Service is not automatic; END USER must
separately take affirmative steps, as described in this Agreement
and on our website, to register the address where END USER will
use the Services in order to activate the 911 feature. END USER
must do this for each interconnected virtual number that END USER
obtains. The 911 Service is different in a number of important
ways from traditional 911 or E911 service as described on our
website page for E911 Service and below. END USER shall inform any
household residents, guests and other third persons who may be
present at the physical location where END USER utilize the
Service of (i) the non-availability of traditional 911 or E911,
and (ii) the important differences in and limitations of the our
911 service as compared with traditional 911 or E911 Service. The
documentation that accompanies each Device that END USER purchase
should include a sticker concerning the potential non-availability
of traditional 911 or E911 Service (the "911 Sticker").
It is your responsibility, in accordance with the instructions
that accompany each Device, to place the 911 Sticker on each
Device that END USER use with the Service. If END USER did not
receive a 911 Sticker with your Device, or END USER require
additional 911 Stickers, please contact our customer care
department.
18.2 Registration of Physical
Location Required.
END USER acknowledges and understands
that for each interconnected virtual number that END USER use for
the Service, END USER must register with the physical location
where END USER will be using the Service with that virtual number.
When END USER moves the Device to another location, END USER must
register your new location. If END USER do not register your new
location, any call END USER make using the 911 Service feature may
be sent to an emergency center near your old address. END USER
will register your initial location of use when END USER
subscribes to the Service. Thereafter, END USER may register a new
location by logging into your control panel and clicking on the
“update 911 info” button located next to your virtual number
on the “DID Numbers” page. For purposes of the 911 features,
END USER may only register one location at a time for each phone
line END USER use with the Service.
18.3 Confirmation of
Activation Required.
END USER acknowledges and understands
that your 911 Service will not be activated for any phone line
that END USER are using with the Service, unless and until END
USER has submitted a verified address.
18.4 How Emergency Personnel
are contacted.
END USER acknowledges and understands
that COMPANY contracts with a third party to use the address of
your registered location to determine the nearest emergency
response center and then forward your call to a general number at
that center. When the center receives your call, the operator will
have the address END USER entered in our 911 database as well as
your DID number that END USER associated with your virtual number.
If END USER has not provided this information, END USER must
provide your address and phone number in order to get help. In
order to allow the emergency operations center personnel to call
END USER back if necessary, COMPANY immediately disables any call
forwarding that END USER may have established in your account.
Some local emergency response centers may decide not to have their
general numbers answered by live operators 24 hours a day. If
COMPANY learns that this is the case, COMPANY will send your call
instead to a national emergency calling center and a trained agent
will contact an emergency center near END USER to dispatch help.
END USER hereby authorize us to disclose your name and address to
third-party service providers, including, without limitation, call
routers, call centers and public service answering points, for the
purpose of dispatching emergency services personnel to your
registered location.
18.5 Service Outages.
(a) Service Outages Due to Power
Failure or Disruption. END USER acknowledges and understands that
911 Service does not function in the event of a power failure or
disruption. If there is an interruption in the power supply, the
Service, including 911 Service, will not function until power is
restored. Following a power failure or disruption, END USER may
need to reset or reconfigure the Device prior to utilizing the
Service, including 911 Service.
(b) Service Outages Due to Internet
Outage or Suspension or Termination of Broadband Service or ISP
Service. END USER acknowledges and understands that service
outages or suspensions or terminations of service by your
broadband provider or ISP will prevent all Service, including 911
Service, from functioning.
(c) Service Outage Due to Suspension
or Termination of Your Account.
END USER acknowledges and understands
that service outages due to suspension or termination of your
account will prevent all Service, including 911 Service, from
functioning.
(d) Service Outages Due to ISP or
Broadband Provider Blocking of Ports or Other Acts. END USER
acknowledges and understands that your ISP or broadband provider
or other third party may intentionally or inadvertently block the
ports over which the Service is provided or otherwise impede the
usage of the Service. In that event, provided that END USER alerts
us to this situation, COMPANY will attempt to work with END USER
to resolve the issue. During the period that the ports are being
blocked or your Service is impeded, and unless and until the
blocking or impediment is removed or the blocking or impediment is
otherwise resolved, your Service, including the 911 Service
feature, may not function. END USER acknowledges that COMPANY is
not responsible for the blocking of ports by your ISP or broadband
provider or any other impediment to your usage of the Service, and
any loss of service, including 911 Service, that may result. In
the event END USER lose service as a result of blocking of ports
or any other impediment to your usage of the Service, END USER
will continue to be responsible for payment of the Service charges
unless and until END USER terminate the Service in accordance with
this Agreement.
(e) Other Service Outages. END USER
acknowledges and understands that if there is a Service outage for
any reason, such outage will prevent all Service, including 911
Service, from functioning. Such outages may occur for a variety of
reasons, including, but not limited to, those reasons described
elsewhere in this Agreement.
18.6 Re-Verifying Your
Address is Required if END USER
Change Your Number or Add or Port New
Numbers. END USER acknowledges and understands that 911 Service
does not function if END USER change your phone number or if END
USER add or port new phone numbers to your account, unless and
until END USER successfully register your location of use for each
changed, newly added or newly ported phone number.
18.7 Network Congestion;
Reduced Speed for Routing or Answering 911 Service Calls.
END USER acknowledges and understands
that there may be a greater possibility of network congestion
and/or reduced speed in the routing of a 911 Service call made
utilizing the Service as compared to traditional 911 Service over
traditional public telephone networks.
18.8 Possible Lack of
Automatic Number Identification.
END USER acknowledges and understands
that it may or may not be possible for the local emergency
personnel to automatically obtain your phone number when END USER
use 911 Service. Our system is configured to send the automatic
number identification information; however, one or more telephone
companies, not us, route the traffic to the emergency response
center and that center may not be capable of receiving and passing
on that information. As a result, the operator who answers your
911 Service call may not be able to automatically obtain your
phone number and call END USER back if the call is not completed
or is not forwarded, is dropped or disconnected, if END USER are
unable to speak to tell the operator your phone number, or if the
Service is not operational for any reason.
18.9 No Automated Location
Identification.
END USER acknowledges and understands
that in most service areas, it is not possible at this time to
transmit to the local emergency response center the address that
END USER registered for 911 Service. END USER will need to state
the nature of your emergency promptly and clearly, including your
location (and possibly your telephone number), as the operator may
not have this information. Emergency personnel will not be able to
find your location if the call is not completed or is not
forwarded, is dropped or disconnected, if END USER are unable to
speak to tell the operator your location, or if the Service is not
operational for any reason.
18.10 Disclaimer of Liability
and Indemnification.
END USER acknowledges and understands
that COMPANY do not have any control over whether, or the manner
in which, calls using our 911 Service are answered or addressed by
any local emergency response center. COMPANY disclaims all
responsibility for the conduct of local emergency response centers
and the national emergency calling center.
END USER acknowledges and understands
that COMPANY rely on third parties to assist us in routing 911
Service calls to local emergency response centers and to a
national emergency calling center. COMPANY disclaims any and all
liability or responsibility in the event such third party data
used to route calls is incorrect or yields an erroneous result.
Neither our company, nor its officers or employees, may be held
liable for any claim, damage, or loss, and END USER hereby waive
any and all such claims or causes of action, arising from or
relating to our 911 Service unless such claims or causes of action
arose from our gross negligence, recklessness or willful
misconduct. END USER shall defend, indemnify, and hold harmless
our company and or any of our subsidiaries, its officers,
directors, employees, affiliates and agents and any other service
provider who furnishes services to END USER in connection the
Service, from any and all claims, losses, damages, fines,
penalties, costs and expenses (including, without limitation,
attorneys fees) by, or on behalf of, END USER or any third party
relating to the absence, failure or outage of the Service,
including 911 Service, incorrectly routed 911 Service calls,
and/or the inability of any user of the Service to be able to use
911 Service or access emergency service personnel.
18.11 Alternate 911
Arrangements.
END USER acknowledges and understands
that COMPANY strongly encourages END USER to have an alternate
means of accessing traditional 911 or E911 services or terminating
the Service. COMPANY does not recommend END USER rely on a
non-traditional 911 service in an emergency.
18.12 911 Fees.
END USER acknowledges and understands
that COMPANY charges a fee of $25.00 US Dollars for all
non-emergency calls to the 911 Service. This charge is in place to
help ensure that the service is not abused.
18.13 Abuse.
END USER acknowledges and understands
that while our 911 Service is not traditional 911, abusing the 911
Service, making false or prank calls to a 911 service is still a
crime. If END USER commits such acts, your account will be
terminated and END USER may be prosecuted by your local and state
governments.
19. Disclaimer of Warranties
and Limitation of Liability
To the full extent permissible by
applicable law, COMPANY disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. COMPANY does not warrant that this site, its
servers, the SERVICE or e-mail sent from us are free of viruses or
other harmful components. COMPANY will not be liable for any
damages of any kind arising from the use of or inability to use
this site, including, but not limited to direct, indirect,
incidental, punitive, special, exemplary and consequential
damages. This limitation applies whether the alleged liability is
based on contract, tort, negligence, strict liability, or any
other basis, even if COMPANY have been advised of the possibility
of such damage. COMPANY make no representations or warranties of
any kind express or implied, as to the operation of this site
and/or the SERVICE or the information, content, materials, or
products included on this site. COMPANY makes no warranty that:
(i) this site or the SERVICE will
meet your requirements,
(ii) this site or SERVICE will be
uninterrupted, timely, secure, or error-free,
(iii) the results that may be
obtained from the use of this site or SERVICE will be accurate or
reliable,
(iv) the quality of any products,
services, information, or other material purchased or obtained by
END USER through this site or SERVICE will meet your expectations,
and
(v) any errors in this site or the
SERVICE will be corrected.
COMPANY will not be liable for any
direct, indirect, consequential, incidental or special damages,
whether foreseeable or not, which may result from use or access to
this site and/or the SERVICE. END USER understands and agree that
the use of this site and/or the SERVICE is at your sole risk and
discretion and is on an "as is" and "as
available" basis. END USER also understands and agree that
END USER will be solely responsible for any damage resulting from
END Users use of this site or the SERVICE, including damage to
your computer system or loss of data that results from material or
data that is downloaded from this site.
Our company is not responsible for
the content on the Internet or the World Wide Web not otherwise
located on this site. As a convenience to our End Users, COMPANY
may provide links to resources that are beyond its control.
COMPANY makes no representations as to the quality, suitability,
functionality or legality of any sites to which COMPANY may
provide links, and the End User hereby waives any claim he or she
might have against our company with respect to such sites.
20. No Consequential Damages
In no event shall our company, its
officers, directors, employees, affiliates, agents, successors,
assigns or any other service provider who furnishes services to
the End User in connection with this Agreement or the SERVICE be
liable for any incidental, indirect, special, punitive, exemplary
or consequential damages, or for any other damages, including but
not limited to loss of data, loss of revenue or profits, or
arising out of or in connection with the use or inability to use
the SERVICE, including inability to be able to dial 911 or to
access emergency service personnel through the Service. The
limitations set forth herein apply to claims founded in breach of
contract, breach of warranty, products liability, tort and any and
all other theories of liability and apply whether or not COMPANY
was informed of the likelihood of any particular type of damages.
21. Remedies for Breach of
these Terms by END USER
In the event that COMPANY determine,
at its sole discretion, that END USER have breached any portion of
these Conditions of Use, or have otherwise demonstrated conduct
inappropriate for our site, COMPANY reserves the right to (i) warn
END USER via email that END USER have violated these Conditions of
Use; (ii) delete any or all content provided by END USER or END
USER agent(s) to this site, (iii) discontinue your access to the
SERVICE or site; (iv) notify and/or send content to and/or fully
cooperate with the proper law enforcement authorities for further
action; and/or (v) any other action which COMPANY deem to be
appropriate.
22. Governing Law
This Agreement is governed by the
laws of the State of Florida without regard to its conflicts of
law provisions. The End User acknowledges and agrees that Florida
courts have jurisdiction over this Agreement and customer, that
Miami Dade County, Florida is an appropriate place for venue of
any litigation, and that all litigation, to the extent possible,
shall be in Miami, Florida.
23. Copyrights and Trademarks
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the
property of our company or its content suppliers (the Intellectual
Property) and protected by United States and international
copyright laws. The compilation of all content on this site is the
exclusive property of our company and protected by U.S and
international copyright laws. END USER may not post to this site,
use the SERVICE and/or copy, reproduce, retransmit, distribute,
publish, commercially exploit or otherwise transfer, any material
subject to any Intellectual Property. END USER has the burden of
determining whether any information, software, images or any other
content on this site is not protected by any Intellectual
Property.
24. Registration
Information/Privacy Policy
When END USER registers as a member
of our company, END USER will be required to provide us with your
End User I.D., and password other confidential access information
(Confidential Access Information).
Except as provided herein, COMPANY
will not sell to any third party your name, address, email address
and End User I.D., unless END USER provide your informed consent,
except to the extent necessary to comply with applicable laws,
police investigations or in legal proceedings where such
information is relevant. COMPANY grant third parties providing
technical services to us access to our database only to the extent
necessary to provide such technical services. In those instances,
such third parties are bound by these Terms and Conditions. Your
informed consent shall be in the form of an "opt in" or
similar policy. In addition, COMPANY may assign, sell, license, or
otherwise transfer to a third party its entire database, including
your name, address, email address, and End User I.D., in
connection with an assignment, sale, joint venture, or other
transfer or disposition of all or a significant portion of the
assets or stock of our company.
END USER is responsible for
maintaining the confidentiality of your Confidential Access
Information. END USER shall be responsible for all uses of your
Confidential Access Information, whether or not authorized by END
USER. END USER agrees to immediately notify us of any unauthorized
use of your Confidential Access Information.
25. Linking to the Site
END USER may provide links only to or
home page provided (a) END USER do not remove or obscure, by
framing or otherwise, the copyright notice, content or other
notices on this site, (b) END USER give us prior written notice of
such link via email, and (c) END USER discontinue providing links
to this site if notified by our company.
26. Miscellaneous
In the event that any provision of
this Agreement conflicts with the law under which this Agreement
is to be construed or if any such provisions are held invalid by a
court with jurisdiction over the parties to this Agreement, such
provision will be deemed to be restated to reflect as nearly as
possible the original intentions of the parties in accordance with
applicable law, and the remainder of this Agreement will remain in
full force and effect.
The failure of any party to insist
upon or enforce strict performance by the other party of any
provision of this Agreement or to exercise any right under this
Agreement will not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such
provision or right in that or any other instance, rather, the same
will be and remain in full force and effect.
COMPANY may assign our rights and
obligations under this Agreement, and upon such assignment COMPANY
may be relieved of any further obligation hereunder. This
Agreement, and any modifications of this Agreement by our company
as provided above, constitute the entire understanding between the
parties as to subject matter hereof, and supersede all prior
agreements and understandings. Any legally unenforceable provision
of this Agreement will, at the election of our company, be deleted
or modified to correct the defect and, regardless, the remainder
of the terms of this Agreement will remain valid and enforceable.
27. Consent to Receive
Electronic Documents
By accessing this site and using the
SERVICE, END USER are agreeing to receive electronic documents,
billing reports, statements and records (electronic records) in
lieu of paper documents, statements and records from us. Your
electronic records may be emailed to END USER to the email account
that END USER provide to us, accessed through this site using your
Confidential Access Information or otherwise electronically
provided to END USER. By accessing this site and using the
SERVICE, END USER are also agreeing to the use of electronic
signatures in lieu of (and in addition to) wet-ink, physical
signatures. END USER may request a paper copy of any electronic
record that COMPANY send END USER by sending an email request to
our company. END USER can also request this by sending a written
request to our address of record, ATTN: Electronic Records. END
USER will be charged $10.00 for every paper record that END USER
request prior to END USER cancellation of consent. END USER can
withdraw your consent to receive electronic records from us by
sending an email message to email address of record or by sending
a written letter. END USER will be charged a $50.00 cancellation
of consent fee. This consent applies to all electronic records
that COMPANY may send END USER. Your withdrawal of this consent
will not affect the legal effectiveness, validity or
enforceability of any electronic record that COMPANY provide to
END USER prior to the withdrawal of such consent. If END USER
changes your email address to receive electronic records, END USER
must notify us of your new email address by sending an email or
written letter to our address of record.
28. Acknowledgment
END USER represents to COMPANY that
END USER has the authority and capacity to understands and agree
to these Conditions of Use. END USER acknowledges (a) that END
USER has read and understood these Conditions of Use; and (b) that
these Conditions of Use have the same force and effect as a signed
agreement.
COPYRIGHT 2005-2006 ALL RIGHTS
RESERVED.
|