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 02/28/2006
JOB: IT Information Technology Professional Services
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| The Terms and Conditions (the "Terms") set forth below constitute the agreement ("Agreement") between Wifi2Voice ("we", "us" or "Wifi2Voice") and you, an end user ("you" or "user") of Wifi2Voice's Internet Phone Service ("Service") as described herein. This Agreement governs the Service and any devices such as a VoIP phone, analog telephone adaptor, multimedia terminal adapter, or computer operating software enabling the Service (each alone or all are known as "Equipment") website, or software used in conjunction with the Service. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING WIFI2VOICE AT ITS TOLL FREE NUMBER. |
| 911 EMERGENCY DIALING. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF WIFI2VOICE 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 CALLS. Pursuant to the rulings by the Federal Communications Commission (FCC), Wifi2Voice provides E911 dialing services for all of its Wifi2Voice customers in areas in which the Public Safety Answering Point (PSAP) is equipped to handle E911 calls. |
| NON-AVAILABILITY OF TRADITIONAL 911. Wifi2Voice 911 Dialing feature is not automatic; you must separately take affirmative steps, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each Wifi2Voice phone number that you obtain. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or other emergency dialing in the same way that traditional wire line 911 service works. Even though in areas in which Wifi2Voice offer service for 911 dialing, Wifi2Voice DOES NOT guarantee that the service function as intended. For absolute certainty that 911 services is functioning is to test the system. WIFI2VOICE IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEMS AND DOES NOT AUTHORIZE YOU TO DO SO. ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON. To activate this service where available, you must register the physical location of your Equipment with Wifi2Voice, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which Wifi2Voice has enabled for this service. If you do not activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing and you acknowledge and agree to this requirement. 911 Emergency Dialing may not function for up to five(5) business days after Wifi2Voice activates your Service, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE and you acknowledge and agree to this requirement. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information from the caller. This means a caller dialing 911 using Wifi2Voice may need to immediately tell the dispatcher the location of the emergency since the dispatcher may not have the phone number to call back the caller. For any reason the caller is unable to speak or somehow describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location needed. Therefore its essential that a caller does not prematurely hang up before giving the dispatcher the location of the emergency. |
| EMHANCED 911 ("E911"). Wifi2Voice provides E911 capabilities in certain areas if you have activated and properly configured E911 Emergency Dialing. Where E911 service is capable, when the caller dials 911 on a Wifi2Voice phone, we will automatically deliver the location information you provided at the time of activation to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your Wifi2Voice account. If you move your Wifi2Voice equipment to another location, you must update your Service Address in accordance with the instructions on the Wifi2Voice website. The local emergency service operator receiving E911 emergency service calls may not have a system configured for E911 services or be able to capture and/or retain automatic number or location information. This means that the operator may not know the phone number or physical location of the person who is making the E911 call. The technical factors in network design, and in the event of network congestion on the Wifi2Voice network, there is a possibility that a 911 call will produce a busy signal or will experience unexpected answering wait times and or may take longer to answer than 911 calls placed on traditional circuit switched telephone networks. You acknowledge the aforementioned and hold Wifi2Voice harmless in times of those events. |
| SERVICE ADDRESS . It's essential that you provide the address which will be associated with the Service ("Service Address") during the registration process. Failure to provide the current and correct physical address and location of your Wifi2Voice Equipment may result in any Emergency Calling Service communication you may make being routed to the wrong local emergency service provider. You must select a Household (primary) Number that is associated with your Service Address otherwise 911 service will not be available. Calls to 911 service route to the appropriate emergency administrator based on the telephone number you have chosen and the geographic location that you have provided to Wifi2Voice. You may change your Service Address by contacting Wifi2Voice toll free services at 1-800-583-7149. You may change your Service Address by following the procedures specified on the Wifi2Voice website. Wifi2Voice service is only available in areas where 911 services can be provided to new customers. Wifi2Voice 911 service will not function if the Equipment is not configured properly or if your Wifi2Voice Service is not functioning for any reason. In addition, in the event of a local disaster, there is a greater possibility that a Wifi2Voice 911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion. Additionally: |
(a) Changing Your Primary Phone Number
You understand and acknowledge that if you change your primary phone number you will not be able to change your 911 Service Address for 3 business days. Hence, any E911 or Emergency Calls that you may make will be routed using the 911 Service Address that was in Wifi2Voice?s records before you changed your phone number.
(b) Requires Re-Activation if You Move
You acknowledge and understand that E911 and Emergency Calling Service dialing will not function properly or at all if you move or change the physical location of your Wifi2Voice Equipment to a different street address, unless and until you have successfully changed your 911 Service Address on the ?My Account? section at the Wifi2Voice website or contacted Wifi2Voice Customer Service to correct your 911 Service address. Failure to provide the current and correct physical address and location of your Wifi2Voice Equipment may result in the loss of E911 capability and/or will result in any Emergency Calling Service dialing you may make being routed to the incorrect local emergency service provider.
(c) Change of Physical Location of Wifi2Voice Equipment
You acknowledge and understand that E911 and Emergency Calling Service dialing does not function properly or may not function at all if you take your Equipment with you away from the 911 Service Address or physical location that you have registered with Wifi2Voice. |
| POWER OUTAGE. You acknowledge and understand that Emergency Calling Service and E911 Service dialing do not function without power. When and if there is an interruption in the power supply, the Service and Emergency Calling Service (or E911 service) dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure Equipment before using the Service, Emergency Calling Service, or E911 service dialing. The following will also cause all Service including the Emergency Calling Service to not function as intended; |
| (a)Broadband Service Outage. You acknowledge and understand that service outages by your broadband or your high speed internet provider will prevent, and that network congestion may slow , ALL Service including Emergency Calling Service and or E911 service dialing. |
| (b)Other Service Outage. You acknowledge and understand that if there is a Service outage for ANY reason, such outage will prevent ALL Service , including Emergency Calling Service and/or E911 service dialing. Outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. WIFI2VOICE STRONGLY SUGGESTS THAT YOU HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE DISRUPTION OF ANY KIND WHATSOEVER. |
| 911 SERVICE WILL NOT FUNCTION PROPERLY FOR SEVERAL DAYS AFTER YOU ARE ABLE TO MAKE OUTBOUND CALLS WITH YOUR SERVICE . Because of the time it takes to properly update the 911 emergency databases, your 911 service will not be available immediately. Since it may take 7 days or more to properly update the 911 emergency databases, you should NOT rely on Wifi2Voice Service for 911 emergency dialing if you are using the Service when you are traveling away from home. |
| ACKNOWLEDGEMENT. You understand and acknowledge that Wifi2Voice 911 Emergency Dialing has certain characteristics that distinguish it from traditional circuit switched 911 service. You acknowledges that Wifi2Voice?s equipment and services do not support 911 emergency dialing or other emergency functions in the same way that traditional land line 911 services work. You acknowledge that Wifi2Voice has advised you of the circumstances under which Wifi2Voice E911 service may not be available or may be limited in comparison to traditional 911 emergency dialing. You should carefully evaluate your circumstances when deciding to activate Wifi2Voice Service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs. You acknowledge that Wifi2Voice does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. |
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RESIDENTIAL USE OF SERVICE. Wifi2Voice reserves the right to track and monitor your service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. Wifi2Voice reserves the right to audit, track and monitor your service and usage subject to the requirements of each individual plan purchased. If you subscribe to Wifi2Voice's residential services plan, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for continuous or extensive call forwarding, auto-dialing, telemarketing, fax or voicemail broadcasting or fax or voicemail repeated dialing. We reserve the right to immediately terminate or modify your Service if we determine, in our sole discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. Furthermore, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. |
| TERMINATION / DISCONTINUANCE OF SERVICE. We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement , will prevent all service, including Emergency 911 Dialing. |
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| SERVICE DESCRIPTION. The Service requires Equipment obtained through Wifi2Voice or a third party that allows you to make and receive calls by using your high-speed Internet connection. Wifi2Voice does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 90 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, Wifi2Voice does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service. |
| SERVICE LIMITATIONS. You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against Wifi2Voice for interference or disruption of such services and equipment. |
| SERVICE TERM. The Service is offered on a month-to-month basis, beginning on the date Wifi2Voice activates Service, and automatically renews on a monthly basis. Wifi2Voice also offers the Service for twelve consecutive months pursuant to the optional Wifi2Voice You may cancel the Service at any time by contacting Wifi2Voice according to the procedure described on the Wifi2Voice website. If you cancel Service prior to the end of a monthly term, you will be responsible for paying the full month's charges to the end of the then-current monthly term, including applicable fees and usage charges. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. You will not receive a partial credit for any prepaid monthly service charge for any days remaining in your cancellation month. Any credits or refunds for Equipment purchased by Retail Customers are subject to the refund policies of the retail dealers where the Equipment was purchased. |
| CALLING LIMITATIONS. No 0+ or Operator Assisted Calling; May Not Support x11 Call. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas. |
| TRANSFER OF NUMBER. Phone numbers transferred from your local phone company may be listed. If you transfer to Wifi2Voice an existing phone number which is currently subscribed to a carrier other than Wifi2Voice, the following terms and conditions apply: you hereby authorize Wifi2Voice to notify your local telephone company of your decision to switch your local services to Wifi2Voice and to transfer your telephone number, and represent that you are authorized to take this action. |
(a) You acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective.
(b) Wifi2Voice has the right to refuse to import a number if it does not have the infrastructure to support the number or for any other reason that compromises Wifi2Voice. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.
(c) The phone numbers you obtain from us will not be listed in any telephone directories. |
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| NETWORK INTEGRITY AND SECURITY. Wifi2Voice reserves the right to terminate your Service without notice if it determines your actions could cause problems to the network. You are expressly prohibited from any use of the Service or any other action that is deemed to present a risk to the network integrity or security of Wifi2Voice whether directly or indirectly. You may not sell any telephone number assigned by Wifi2Voice ("Number"). Upon termination of the Service, Wifi2Voice may, in its sole discretion, release a Number that was ported in from a previous service provider to Wifi2Voice by you and used in connection with your Service provisioned by Wifi2Voice to your new service provider, if such new service provider is able to accept such Number, provided that your entire account has been terminated, that you have paid all charges due to Wifi2Voice, and that you request the transfer upon terminating your account. |
| ALTERNATIVE INTERFACE DEVICES. Use of the Service through an interface device not provided or supported by Wifi2Voice, which Wifi2Voice reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Wifi2Voice and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. Wifi2Voice has no obligation to support or service the use of such alternative interface devices in any way and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service. |
| USE OUTSIDE THE UNITED STATES. Wifi2Voice does not presently offer or support the Service to customers located outside the United States. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service or Device by any person making use of the Service or Device provided to you. Wifi2Voice. reserves the right to cancel or suspend the Service if it is determined that the Service is being used outside the United States. |
| AUDIT AND LAW ENFORCEMENT. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law. Wifi2Voice has the right to audit your use of the Service to enforce the provisions of this Agreement. Wifi2Voice reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. |
| PAYMENT AND COLLECTION. We only accept payment by credit or debit card. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate your Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees. Your right to use the Service is subject to any limits established by your credit or debit card issuer. You give Wifi2Voice permission to obtain authorization for use of your credit or debit card from your card issuer. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Wifi2Voice at once. Wifi2Voice reserves the right to bill at more frequent intervals if the amount due at any time exceeds $60. All charges will be billed according to the rates and terms set forth in published materials and found on the Wifi2Voice website. You understand that you are responsible for self-installation of the Equipment and any configuration of the Service once you receive the Equipment. If the Equipment is shipped to you by Wifi2Voice, you will be billed when the Equipment is shipped, and your Service will be considered active seven days after the shipment date or on the day you activate the Service, whichever comes first (the "Activation Date"). You are advised to complete installation of the Service by the Activation Date in order to take full advantage of your Service period. You will be responsible for full payment for the charges on your Wifi2Voice bill even if you do not install the Equipment promptly or use the Service. |
| PRICE. Prices and any charges relating to the Service are posted on the Wifi2Voice website. Wifi2Voice may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than fifteen days after posted on the Wifi2Voice website or you are otherwise notified of the changes. |
| FAILURE TO PAY. We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Wifi2Voice may suspend, restrict, or cancel the Services and this Agreement if you do not make payments for current or prior bills by the due date. Service suspension or cancellation will result in your loss of the number associated with the Service. It is encouraged that all bills are due in the proper timely manner. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. You acknowledge and understand that if Wifi2Voice suspend or discontinue the Service, all Service will be terminated, including 911 capabilities. |
| TAXES. You are responsible for all 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. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. |
| SERVICE CANCELLATION. You may cancel the Service at any time by notifying Wifi2Voice. You remain fully liable for accrued charges outstanding at the time of termination, and you authorize Wifi2Voice to process these charges to your credit or debit card. Any returns of Equipment purchased by Retail Customers are subject to the polices of Wifi2Voice. Service cancellation due to breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, you shall reimburse Wifi2Voice for all attorney, court, collection and other costs incurred by Wifi2Voice in the enforcement of our rights hereunder and we may keep any deposits or other payments made by you. |
| TECHNICAL SUPPORT. Along with online service to provide technical support for you, Wifi2Voice offers a toll free number (1-800-583-7149) and e-mail for the Services and the Equipment provided hereunder. |
| INDEMNIFICATION. You shall defend, indemnify, and hold harmless Wifi2Voice, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service. |
| SURVIVAL. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive. |
| LIMITATIONS OF LIABILITY: BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF WIFI2VOICE SERVICE AND IT?S 911 DIALLING DESCRIBED HEREIN. WIFI2VOICE'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF WIFI2VOICE RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY , OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY WIFI2VOICE'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, NOTWITHSTANDING THE FOREGOING. IN NO EVENT SHALL WIFI2VOICE HAVE ANY LIABILITY TO YOU WHATSOEVER ON ACCOUNT OF ANY ACT OR OMISSION OF WIFI2VOICE RELATED TO 911 EMERGENCY DIALING. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF WIFI2VOICE OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM. |
| DISCLAIMER OF DAMAGES AND FORCE MAJEURE. Wifi2Voice will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by acts of god, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Wifi2Voice as may occur beyond our control. In no event shall Wifi2Voice or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any damages, including but not limited to loss of life, injury, loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of Wifi2Voice or its vendors or otherwise. WIFI2VOICE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. |
| WARRANTY LIMITATIONS: Except for the limited warranty set forth in the materials accompanying the equipment, we make no warranties of any kind regarding the service, equipment, or any other equipment and expressly disclaim any implied warranties, including any warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranties that the service will meet customer requirements. We do not authorize anyone, including, but not limited to, Wifi2Voice employees, agents, or representatives, to make a warranty of any kind on our behalf and you should not rely on any such statement. |
| MANDATORY ARBITRATION AND NO JURY TRIAL. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND WIFI2VOICE BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. The arbitration shall be conducted in San Jose California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. |
| GENERAL PROVISIONS. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement in any way what so ever. This Agreement shall be governed by and construed in accordance with the laws of the California, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Wifi2Voice is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full and effect. Furthermore, our failure to exercise or enforce any provision(s) of this Agreement will not constitute a waiver of such right or provision. |
| CHANGES TO THIS AGREEMENT. From time to time, Wifi2Voice may change or modify this Agreement. Any changes or modification will be posted at the Wifi2Voice website www.wifi2voice.com Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the Wifi2Voice website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO UES, BE ENROLLED IN, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES MADE. The Agreement as posted supersedes all previously agreed to electronic and written terms of service. |
| PRIVACY. Wifi2Voice Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Wifi2Voice is not liable for any lack of privacy which may be experienced with regard to the Service. |
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