General Services Agreement
1. Acknowledgment and acceptance of terms of use
GagaPhone, 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 (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), auto dialing,
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
For Business SERVICE user, the SERVICE is provided to END USER as
a business user.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 auto dialing,
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 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 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. For accounts that are unused for 180 days, a fee
equal to 100% of the account balance will be assessed.
11. Payment
All paid services new or recurring are prepaid.
Your initial use of the SERVICE authorizes us to charge your
Paypal or Google Checkout account, including any changed
information given if a credit 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
Paypal or Google Checkout account.
12. Late/Non-payment
COMPANY may terminate your SERVICE at any time in its sole
discretion, if any charge to your Paypal or Google Checkout account
is declined or reversed, your credit card expires and you have not
provided Paypal or Google Checkout 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 Paypal subscription when
the SERVICE is activated or have a credit balance. COMPANY reserves
the right to stop accepting Paypal or Google Checkout. If a
credit card expires, END USER close your account, your billing
address changes, or a credit card is canceled 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 Paypal account or
credit balance, 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 Paypal account 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 or live chat. 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 California
without regard to its conflicts of law provisions. The End User
acknowledges and agrees that California courts have jurisdiction
over this Agreement and customer, that San Bernardino County,
California is an appropriate place for venue of any litigation, and
that all litigation, to the extent possible, shall be in Southern
California.
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 2011 ALL RIGHTS RESERVED.