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1. Acknowledgment and acceptance of
terms of use
Dialwave, 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.
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