WEBSITE END USER AGREEMENT (TERMS AND CONDITIONS OF USE) |
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of This Company (collectively "Marks") are and shall remain the exclusive property of This Company and nothing in this agreement shall grant you the license to use such Marks.
All Services and/or Materials found in the Website are protected by the trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express written consent of This Company. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
USE OF SOFTWARE
The software that is made available to download from this Site is the copyrighted work of This Company and/or its suppliers. Use of the This Company software is governed by the terms set forth in the applicable end user license agreement. An end-user will be unable to download the software unless he or she first agrees to the terms set forth in the applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
WARRANTIES AND DISCLAIMERS
HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE THIS COMPANY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THIS COMPANY AND THIS COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THIS COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THIS COMPANY OF THE SITE. THIS COMPANY AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". THIS COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. THIS COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THIS COMPANY DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES THIS COMPANY WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. THIS COMPANY DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the This Company pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. This Company will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. This Company reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer. This Company will contact you before terminating your account.
Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. This Company may also make improvements and/or changes to the Site, Materials or Services at any time without notice.
LIMITATION OF LIABILITY
IN NO EVENT WILL THIS COMPANY BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF THIS COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
You agree to indemnify, defend and hold This Company, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of This Company and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that This Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, including, without limitation, for lack of use or if This Company believes that you have violated or acted inconsistently with the letter or spirit of this Website End User Agreement. This Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or Materials under any provision of this Website End User Agreement may be effected without prior notice, and acknowledge and agree that This Company may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that This Company shall not be liable to you or any third-party for any termination of your access to the Services or Materials
GOVERNING LAW; JURISDICTION
ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
PERSONAL INFORMATION AND PRIVACY
EXPORT CONTROL LAWS
The export and re-export of This Company Materials are controlled by the export laws and regulations of Great Britain, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all. applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to countries or restricted controlled regions or to any other country to which the Great Britain prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders or the List of Specially Designated Nationals maintained by the Great Britain government. By downloading the Software and/or Materials you are certifying that you are not a national of one of the prohibited or restricted countries or of any other country to which the Great Britain embargoes goods, services or technology and that you are not a person on the Table of Denial Orders or the List of Specially Designated Nationals.