1. Acknowledgment and acceptance of terms of use
Phone Technology, 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 2005-2007 ALL RIGHTS RESERVED.