NOTE: By using this TollFree Number BPO, you represent that you are 13 years or older and do not have any pirated content on your computer to the best of your knowledge.
This Acceptable Use Policy (“AUP”) describes actions that TollFree Number BPO prohibits when any party uses the TollFree Number BPO Services. This AUP is incorporated by reference into, and governed by the Terms of Service or other similar written agreement between you (Customer) and TollFree Number BPO (the “Agreement”). The Agreement contains definitions of capitalized terms not otherwise defined in this AUP and takes precedence over any conflicting provisions in this AUP.
1. You may not use the TollFree Number BPO Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, the TollFree Number BPO Services in the following prohibited ways:
2. Using the TollFree Number BPO Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of TollFree Number BPO.
3. Attempting to bypass or break any security mechanism on any of the TollFree Number BPO Services or using the TollFree Number BPO Services in any other manner that poses a material security or service risk to TollFree Number BPO or any of its other customers.
4. Reverse-engineering the TollFree Number BPO Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
5. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the TollFree Number BPO Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the TollFree Number BPO Services.
6. Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
7. Using the TollFree Number BPO Services in any manner that causes a telecommunications provider to complain about your use to TollFree Number BPO or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by TollFree Number BPO to you.
8. Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
9. Using the TollFree Number BPO Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
10. Using the TollFree Number BPO Services in a manner that violates the TollFree Number BPO Messaging Policy.
11. Using the TollFree Number BPO Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
12. Using the TollFree Number BPO Services to engage in, or in connection with fraudulent activity.
13. Using the TollFree Number BPO Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with TollFree Number BPO or your use of the TollFree Number BPO Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
14. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
15. Using the TollFree Number BPO Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
16. Using the TollFree Number BPO Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the TollFree Number BPO Services to you and/or your phone numbers.
17. Using the TollFree Number BPO Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
18. Using the TollFree Number BPO Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that TollFree Number BPO reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
19. Using the TollFree Number BPO Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
20. Having a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length).
Phone Number Reclamation.
All phone numbers are subject to rules and restrictions imposed by telecommunications providers. In order to comply with such rules and restrictions, TollFree Number BPO may, at its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunications providers. TollFree Number BPO, however, will use commercially reasonable efforts to (a) provide notice to you prior to any phone number reclamation and (b) to work with telecommunications providers to prevent the reclamation of any phone numbers.
All content on the TollFree Number BPO Website (including, without limitation, text, design, graphics, logos, icons, img, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by TollFree Number BPO, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the TollFree Number BPO Website for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the TollFree Number BPO Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the TollFree Number BPO Website, or use of the TollFree Number BPO Website for purposes competitive to TollFree Number BPO, is expressly prohibited. TollFree Number BPO, or its licensors or content providers, retain full and complete title to the material provided on the TollFree Number BPO Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. Trademarks, logos and service marks displayed on this TollFree Number BPO Website are registered and unregistered trademarks of TollFree Number BPO, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this TollFree Number BPO Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the TollFree Number BPO Website without the owner’s prior written permission, except as otherwise described herein. TollFree Number BPO reserves all rights not expressly granted in and to the TollFree Number BPO Website and its content. This TollFree Number BPO Website and all of its content, including but not limited to text, design, graphics, logos, icons, img, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
23. Notices and Contact
By using TollFree Number BPO, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to TollFree Number BPO.You also agree to permit TollFree Number BPO to use your email address, physical address, instant messaging address and any other means of communication to send you commercial messages regarding various promotions and offerings we think may be of interest to you. You may withdraw your to receiving notices electronically by email to firstname.lastname@example.org.
24. Credit Card Charges
By registering and submitting your credit card information into the TollFree Number BPO platform you are authorizing TollFree Number BPO to bill your credit card for any platform related fees included in your package. In the event that you registered for the ‘Basic’ or ‘Free Trial’ package, your credit card will be authorized or billed for up to $1 to verify your billing information.
25. Reoccurring Fees
Registering for certain packages and/or programs may cause you to incur a monthly platform fee. All platform fees are billed once per month on the anniversary date of your registration.
By enabling the ‘Auto-Recharge’ feature on your account’s ‘Billing Settings’ page you are explicitly authorizing TollFree Number BPO to charge your credit card repeatedly, now and in the future, for the entire duration Auto-Recharge is enabled, to fund the balance of your account based on your configured settings. The Auto-Recharge feature will automatically bill your default credit card when your account balance falls below the configured threshold for a pre-configured dollar amount you authorize when enabling the service. Example: When your account balance falls below $25, TollFree Number BPO will automatically recharge your account for $100. You explicitly authorize TollFree Number BPO to automatically or manually adjust your recharge threshold settings if is determined that the frequency of billing or billing amounts may cause issues with your credit card issuer. The Auto-Recharge functionality can be disabled anytime by going to your account’s ‘Billing Settings’ and toggling the on/off switch.
27. Refund Policy
You agree and acknowledge that under no circumstances are your deposits with TollFree Number BPO refundable for any reason. Once a deposit is made, those funds are no longer available in any form other than account credit to be spent on platform usage. This policy includes all means of funding, including charges utilizing the ‘Auto-Recharge’ feature. In the rare event of system or clerical error, TollFree Number BPO may authorize a refund, however you agree and acknowledge that a refund will only be made at the sole and final discretion of TollFree Number BPO. You agree to be liable for any and all bank fees and charges in the event TollFree Number BPO issues a refund on your behalf. By making a deposit on TollFree Number BPO you explicitly waive your right for dispute, chargeback, and agree to not attempt to circumvent this agreement in any way.
28. Know Your Customer
TollFree Number BPO takes fraud seriously and requires all customers to provide ample documentation to prove that their billing information is true and accurate. You may be asked for government issued identification, address verification, billing information, phone confirmation, sms confirmation, or proof of address. If you are unable or unwilling to provide the requested information at any time you agree to forfeit your TollFree Number BPO balance.
29. Fines, Penalties, and Regulatory Fees
In the event of misuse or abuse of the TollFree Number BPO system, or it’s telecommunication partners, TollFree Number BPO, it’s partners, or regulatory bodies may levy fines or fees against your account. Should fines or fees be levied against your account you explicitly authorize TollFree Number BPO to bill your default billing method for whatever amount has been levied. By accepting this agreement you take full responsibility for any fines, penalties or regulatory fees that may be levied on your account and agree to pay any fines, penalties or regulatory fees immediately within 24 hours of notice.
30. Foreign Users
TollFree Number BPO makes no representation that materials associated with this Service are appropriate or available for use in other locations. If you access this Service from outside the United States, please understand that this Service may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with TollFree Number BPO, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall TollFree Number BPO be deemed liable under any laws .
This Service may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. TollFree Number BPO has not necessarily reviewed all the information on those other websites and is not responsible for the content of those or any other website or any products or services that may be offered through those or any other Service. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked by TollFree Number BPO. Different terms and conditions may apply to your use of any linked websites, products or services. TollFree Number BPO is not responsible for any losses, damages or any other liabilities incurred as a result of your use of any linked websites, products or services.
32. Acceptable Use Policy
By using or accessing the TollFree Number BPO software platform you agree to the following: Use Services in any way that violates an applicable law or regulation, including those regarding transmission of data or software. Engage in any conduct that restricts or inhibits anyone’s use of TollFree Number BPO Services. Use Services in any manor that could disable, overburden, damage, interrupt or harm our ability to provide Services to our clients or end users. Crawl, scrape or use a robot, spider, or other automated process or means to access Services for any purpose except via authorized access to APIs. Attempt to, or evade any automated compliance services to bypass restrictions put in place to protect our users. Engage in any unsolicited advertising, marketing, or other activities that violate anti-spam laws, the Telephone Consumer Protection Act, Do-Not-Call Implementation Act, any Consumer Protection Acts or any other similar Restrictive legislation in any jurisdiction regarding telemarketing or consumer marketing. Use the Service in any manor that may be deemed harassment to end users. Use the Service in connection with any fraudulent or illegal activity. TollFree Number BPO takes violations of our Acceptable Use Policy and claims of harassment seriously. To report a violation or receive help please contact us immediately.
TollFree Number BPO reserves the right to terminate any account, for any reason, at any time, without notice, without compensation or refund at the sole discretion of TollFree Number BPO without appeal or recourse of any kind. By accepting this agreement you explicitly agree that TollFree Number BPO may terminate your account at any time, without notice, without compensation or refund at the sole discretion of TollFree Number BPO without appeal or recourse of any kind. You agree to honor any previous payments and remit any pending payables to TollFree Number BPO in the event your account is terminated. You agree explicitly to not dispute or ‘chargeback’ any transaction with your credit or debit card issuer and you authorize your credit or debit card issuer to automatically assign liability for any transactions, disputes or ‘chargebacks’ to you resulting in the reimbursement of such funds to TollFree Number BPO and waive any legal rights to attempt to reclaim any funds remitted to TollFree Number BPO. In the event of a termination no access to data will be provided to any user and you agree that all calls to phone numbers belonging to a terminated account become property of TollFree Number BPO to do with as we see fit. You agree to make no claim to any financial liability resulting from calls into a terminated account. You understand and agree that TollFree Number BPO will not honor any number porting requests for accounts terminated for any reason.
Definition of Confidential Information. “Confidential Information” means any nonpublic information that relates to the actual or anticipated business and/or products, research or development of TollFree Number BPO its affiliates or subsidiaries, or to the TollFree Number BPO’s, its affiliates’ or subsidiaries’ technical data, trade secrets, or know-how, including, but not limited to, research, product plans, or other information regarding the TollFree Number BPO’s, its affiliates’ or subsidiaries’ products or services and markets therefor, customer lists and customers (including, but not limited to, customers of the TollFree Number BPO on whom you called or with whom you became acquainted during the term of this Agreement), software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, and other business information disclosed by TollFree Number BPO, its affiliates or subsidiaries, either directly or indirectly, in writing, orally or by drawings or inspection of premises, parts, equipment, or other property of TollFree Number BPO, its affiliates or subsidiaries. Notwithstanding the foregoing, Confidential Information shall not include any such information which you can establish (i) was publicly known or made generally available prior to the time of disclosure to you; (ii) becomes publicly known or made generally available after disclosure to you through no wrongful action or inaction of you; or (iii) is in the rightful possession of you, without confidentiality obligations, at the time of disclosure as shown by your then-contemporaneous written records.
35. Nonuse and Nondisclosure
During and after the term of this Agreement, you will hold in the strictest confidence, and take all reasonable precautions to prevent any unauthorized use or disclosure of Confidential Information, and you will not (i) use the Confidential Information for any purpose whatsoever other than as necessary for the use of the Services on behalf of TollFree Number BPO, or (ii) disclose the Confidential Information to any third party without the prior written consent of an authorized representative of TollFree Number BPO. You may disclose Confidential Information to the extent compelled by applicable law; provided however, prior to such disclosure, you shall provide prior written notice to TollFree Number BPO and seek a protective order or such similar confidential protection as may be available under applicable law. You agrees that no ownership of Confidential Information is conveyed to you. Without limiting the foregoing, you shall not use or disclose any TollFree Number BPO property, intellectual property rights, trade secrets or other proprietary know-how of TollFree Number BPO to invent, author, make, develop, design, or otherwise enable others to invent, author, make, develop, or design identical or substantially similar designs as those developed under this Agreement for any third party. You agrees that your obligations under this shall continue after the termination of this Agreement.
36. Noncompetitive use
By using the TollFree Number BPO Service, registering for the website, purchasing any Product or Service TollFree Number BPO has to offer you certify and agree you are not employed, contracted, hired, financially compensated, engaged with or in any mutual understanding or contractual relationship with a person or entity in direct competition with TollFree Number BPO whether under their direction or acting independently. Doing so violates this Agreement and assigns unconditional ownership rights to any financial benefit, clients, relationships, software, idea, patent, trademark or intellectual property derived from a feature, similar feature, product, service, development, software, invention or idea created with information or skills learned using our Products or Services. By registering and using TollFree Number BPO you agree you are authorized to enter into this agreement and assign the preceding rights to TollFree Number BPO.
THIS SERVICE AND WEBSITE IS PROVIDED BY TollFree Number BPO ON AN “AS IS” AND “AS AVAILABLE” BASIS. MISSION PROPERTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS TollFree Number BPO SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MISSION PROPERTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE DOES NOT WARRANT THAT THIS SERVICE, ITS SERVERS, OR E-MAIL SENT FROM SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TollFree Number BPO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.IN NO EVENT SHALL TollFree Number BPO OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TollFree Number BPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS SERVICE AND/OR GOODS AND SERVICES OFFERED THEREBY; ANY DISCLOSURE OF INFORMATION PROVIDED TO TollFree Number BPO (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF TollFree Number BPO), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF TollFree Number BPO; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; OR CREDIBLE THREATS OF ANY OF THE ABOVE; AND/OR ANY OTHER MATTER RELATING TO THE SERVICE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL TollFree Number BPO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
39. Prior Notice of Claim
For all disputes you may have, whether pursued in court or arbitration, you must first give TollFree Number BPO an opportunity to resolve the dispute by providing written notification to email@example.com. Stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If TollFree Number BPO does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above.
40. Prior Notice of Claim
This Agreement constitutes the entire agreement between TollFree Number BPO and you concerning your use of the Service and supersedes all prior agreements (if any). A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement. In such an event, this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
NOTICE OF ARBITRATION AGREEMENT
This agreement provides that all disputes between you and TollFree Number BPO will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
41. ACCEPTANCE OF TERMS
1. BY USING ANY OF THE SERVICES, YOU CONFIRM YOUR ACCEPTANCE OF, AND AGREE TO BE BOUND BY, THIS AGREEMENT.
2. We may amend the Agreement at any time, and such amended Agreement will automatically be effective immediately (0) days after we have posted the amended Agreement on our website. Your continued use of the Services will constitute acceptance of the amended Agreement, and no other Agreement version will be effective or enforceable against us.
3. The rights granted to you under this Agreement are expressly non-exclusive. You may not sell, assign, sublicense, or otherwise transfer or agree to transfer all or any portion of those rights without our prior written consent.
4. We may reject this Agreement for any reason or no reason, prior or subsequent to acceptance of the Agreement. Activation of our Services shall indicate our acceptance, but does not obligate us to provide or continue to provide access to any or all Services, such access will instead be provided in our discretion.
42. REQUIREMENTS FOR TollFree Number BPO SERVICES
1. You must either: (i) enter into a separate agreement with us describing the specific terms and conditions of the Services to be provided to you, or (ii) complete the registration process made available to you by us or by our partner(s), and such registration must be approved by us. Such separate agreement or registration process may be in one or more different formats and may be made available to you either online or offline, subject to change without prior notice.
2. Our Services are offered only to parties that can legally enter into and sign binding contracts. By accepting the terms of this Agreement, you represent and warrant to us that you are age eighteen (18) or older and the authorized signatory.
3. In consideration of the Services, you agree to: (i) provide current, complete, and accurate information about your identity, location, contact information, internet access and telecommunications Services as are required by us to provide our Services; (ii) maintain and update the information as required to keep such information current, complete, and accurate; (iii) use our Services only in accordance with applicable law; (iv) comply with Canadas law regarding the transmission of technical data exported from the Canadas through our Services; (v) not use our Services for illegal purposes; (vi) not interfere with or disrupt networks connected to our Services; (vii) comply with all regulations, policies and procedures of networks connected to our Services; and (viii) with respect to our Services, transfer calls only to legitimate recipients and/or destinations.
43. TollFree Number BPO SERVICES
1. When using the Services, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services, this Agreement, or any other separate agreement between us. Such guidelines, rules, or licenses may contain terms and conditions in addition to those described in this Agreement.
2. We may refuse the Services to anyone at any time, in our sole discretion. We reserve the right to discontinue, temporarily or permanently, any or all of the Services to you, including by shutting down phone numbers, at any time, provided we will make reasonable efforts to notify you within twenty-four (24) hours of doing so. However, we reserve the right to discontinue any or all of your use of the Services immediately and with no prior or subsequent notice required if we suspect you may be in breach of your obligations under this Agreement. We will not refund you of any unused amounts we have charged you for prepaid Services that we discontinued. We shall not be liable to you or any third-party for any termination of your access to the Services except as specifically set forth in this Agreement.
3. You agree that we will not be liable for damages (including consequential or special damages) arising out of any change of assigned telephone number(s), and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of damages. We reserve the right to withdraw telephone numbers from Services at our discretion when we determine that a telephone number is receiving insufficient use. You acknowledge that our policies and practices with regard to recapturing and repurposing telephone numbers may change from time-to-time at our discretion.
6. The Services are designed to be used in conjunction with local exchange telephone, wireless telephone, or equivalent telecommunications services that the Member procures from a third-party provider rather than as a substitute or replacement for such third-party telecommunications services. EMERGENCY SERVICES CANNOT BE ACCESSED BY ORIGINATING CALLS TO 911 USING THE SERVICES. You understand and acknowledge that emergency services cannot be accessed by originating calls to 911 using the Services. You understand and acknowledge that you must have and use a different means of contacting 911 emergency services.
7. Neither us nor any of our affiliates, subsidiaries, parent companies, agents, network services providers, contractors, suppliers, partners, officers, directors or employees are or will be liable to any extent or in any manner whatsoever for the inability of persons to access emergency services by originating a call to 911 using the Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, PARTNERS, OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH THE SERVICES FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), PENALTIES, FINES, DEATH, INJURY TO PERSONS OR DAMAGES TO TANGIBLE PROPERTY ARISING BY VIRTUE OF OR RELATING TO THE ABSENCE OF 911 SERVICE AND/OR THE INABILITY OF MEMBER OR ANY THIRD PERSON OR PARTY TO BE ABLE TO DIAL 911 USING THE SERVICES. This Section 3 shall survive termination of this Agreement.
44. TERM OF AGREEMENT
1. The Services are offered on an open-ended basis for a term that begins on the date your Services are activated and you accept the Agreement (the “activation date”). This Agreement shall be deemed to be perpetually in effect without further action by you or by us unless either a) we terminate the provision of Services to you or b) you give us written notice of termination at least thirty (30) days prior to the intended date of termination for which notice is given.
2. If you terminate Services prior to the end of a campaign or otherwise defined term, you may be responsible for charges incurred by you subsequent to such termination, including without limitation unbilled charges, all of which immediately become due and payable.
3. Expiration of the term or termination of Services does not excuse you from paying all unpaid, accrued charges.
We or our partner(s) will charge you fees in accordance with the terms of either: (i) a separate agreement, or (ii) the registration process you complete. Unless otherwise Provinced, all fees are quoted in U.S. dollars. You are responsible for paying all fees associated with using the Services and all applicable taxes.
All Payments are non-refundable. When a credit card is on file, we reserve the right to charge the credit for ALL OUTSTANDING amounts owned in association with the account on file, until said balance is paid in full. You may also be asked to pay us via direct bank credit as per our discretion .The company also has a right to amounts held in escrow via merchant partners, no notice is required for the company to access reserve funds held by the processing partners, these funds will become immediately available to the company once an amount is overdue. Customer will pay all charges incurred in connection with the Program, in immediately available funds or as otherwise approved by TollFree Number BPO, within a commercially reasonable time period specified by TollFree Number BPO.
Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer will pay (i) all taxes and other government charges and (ii) reasonable expenses and attorneys’ fees TollFree Number BPO incurs in collecting late payments. Charges are solely based on TollFree Number BPO measurements for the Programs and the applicable billing metrics (e.g., pay per call). Any portion of a charge not disputed in good faith must be paid in full. No party may offset any payment due under these Terms against any other payment to be made under these Terms.
47. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Services may violate such laws and this Agreement. Except as expressly provided herein, we do not grant any express or implied rights to use the Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services, except as expressly authorized herein.
48. MODIFICATIONS OF TollFree Number BPO SERVICES
1. We reserve the right to terminate or modify individual features of our Services from time to time with or without notice. In the event we opt to send written notice to you detailing such termination or modification, an email will be sent to the email address you most recently provided to us. Any such termination or modification will take effect upon the date of such written notice or such later date as specified therein. We are not responsible for confirming the receipt of any such notification.
2. We may, in our sole discretion, determine the extent, if any, to which any such modifications may impact the charges for the Services, but we shall not have any obligation to adjust the charges by reason of any such modifications.
3. We shall not be liable to you or any third party should we exercise our right to modify or terminate our Services or any feature of such Services.
49. YOUR CONDUCT
1. Your use of the Services is subject to all applicable local, Province, national and international laws and regulations.
2. You shall be fully liable for all use of your account, including any unauthorized use of such account by any third party. We bear no responsibility for communications received by you from third persons while using the Services or any use of any person’s telecommunications services, including but not limited to, your telecommunications services in connection with the use of the Services.
3. You shall not interfere with any other client’s use and enjoyment of the Services.
4. You shall not use the Services to commit fraud or to promote any product or service that is illegal, pornographic or involves any adult services (whether or not legal).
5. You shall not use the Services to post on any website (whether hosted by you or that we host on your behalf) any content that is illegal, any content that violates the trademarks, copyrights or other intellectual property rights of a third party, any content that contains any adult or sexually explicit material, or any content that is false, defamatory or otherwise misleading in any way.
6. You shall not use the Services to offer products or services to, or to collect information from, any child under the age of 13.
7. When you post content (“User Content”) on our website or any webpage (whether hosted by you or that we host on your behalf), you represent and warrant: (1) that you are the owner of all User Content or that you have a license permitting you to post such content; (2) that the User Content is not illegal, false, defamatory or misleading in any way; and (3) that the User Content is not for the purpose of offering products or services to children under the age of 13.
8. We may, in our discretion, terminate the Services we provide you without notice if you fail to observe and comply with the terms of this Agreement. Failure on our part to actively terminate your account following any violation by you of this Agreement shall not constitute a waiver of our right to terminate and shall not prevent us from terminating you account, consistent with this Agreement, at any point for past and/or current violations of Agreement.
50. DISCLAIMER OF WARRANTIES
1. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our Services or as to the accuracy or reliability of any information obtained through our Services, or that defects in our Services will be corrected.
3. We will make commercially reasonable efforts to resolve any technical problems you may experience while using the Services.
51. ACCEPTANCE OF CHARGES
All charges to the Users will be deemed just 15 days following the effective charge date of the Users. It is the responsibility of the Users to dispute in writing all or part of said charges, as well as provide the reasonable basis therefore, within the 15 day grace period. Failure to do so will result in the tacit approval of the Users to said charges. This includes but is not limited to ALL TRANSACTIONS by the Users within the authorized use of The Services and OR any indirect usage. The parties will investigate and resolve any dispute in a timely and reasonable manner.
52. LIMITATION OF LIABILITY
WE SHALL NOT HAVE ANY LIABILITY TO YOU FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY, IF ANY, EXCEED THE AMOUNTS CHARGED TO YOU AND PAID BY YOU FOR THE SERVICE IN QUESTION. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO OTHER WARRANTIES TO YOU AND DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
53. SERVICE OUTAGES
1. The Services are reliant upon independent services provided by third-parties that are beyond our control. The loss or interruption of any one of those independent services may prevent the Services from operating. We will use commercially reasonable efforts to manage all communications initiated by you and/or intended for you during any loss or interruption of such independent services.
2. Such independent services interruptions may include, but are not limited to:
i. Power outages;
ii. Internet Service Provider outages;
iii. Telecommunications services provider outages;
iv. Outages due to suspension of your account; and Outages due to your failure to maintain the services used in conjunction with the Services.
3. We shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control (“Force Majeure Events”), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, licenses, software or repairs thereof, acts or omissions of the other party, and acts of God.
4. Our ability to perform our obligations under this Agreement is dependent upon the availability of equipment and services from third parties (collectively, the “Vendors”) with whom we have contracted for the provision of telecommunications, internet services and equipment, and other third-party services used by us when providing the Services. You agree that we shall not be in breach of our obligations to you hereunder if we are prevented from performing such obligations by reason of the breach or other failure by any such Vendor to perform its obligations to us in accordance with the terms of such Vendor’s agreement with us.
You shall indemnify, defend, and hold us, our parent(s), subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys’ fees), which arise from or are related to any act or omission by you in connection with the use of the Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to your violation of any terms of this Agreement, your violation of any applicable law, rule, or regulation, or any infringement by you (or any other person using the Services in reliance on your rights under this Agreement) of any intellectual property or other rights of any other person. This Section 12 shall survive termination of this Agreement.
1. Either you or we may terminate the Services with or without cause at any time (the “Termination”). Without limiting the foregoing, we reserve the right to cancel this Agreement or terminate any Services provided to you if one or more of the telephone numbers assigned to you is not legitimately used in conjunction with the Services during any period of thirty (30) consecutive days. Our failure to exercise this right in relation to any specific period of nonuse shall not preclude us from thereafter TollFree Number BPO its right to cancel the Agreement or terminate the Services.
2. Notwithstanding the foregoing, an online termination process may be made available on our web site. If no such online termination process is made available, however, then the above requirements for notification shall be in effect for all such notices of your intent to terminate the Services.
3. Notwithstanding any other provision of this Agreement to the contrary, we shall not be liable to you or any third party, or responsible for any charges incurred for the termination of services you obtain from third-party providers.
4. Upon Termination, any telephone number(s) assigned to you for use with the Services will become unavailable for use and, after an aging period, be returned to the inventory of telephone numbers and become available for assignment by us. No telephone number will be available for your use or reserved for you after your Services have been terminated.
56. TRADEMARK AND PROPRIETARY RIGHTS TO CONTENT
Our trademarks, websites, corporate names, trade names, domain names, logos, and service marks (“Marks”) are the property of TollFree Number BPO. You are not permitted to use the Marks without the prior written consent of TollFree Number BPO. “TollFree Number BPO,” “TollFree Number BPO” and the TollFree Number BPO logo are trademarks of TollFree Number BPO.
57. NO THIRD PARTY BENEFICIARIES
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
All disputes which arise under this Agreement or in connection with the Services to be delivered hereunder and which are not resolved within thirty (30) days following the delivery by one party to the other of a written notice describing the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator in Montreal, Quebec. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon shall be entered in a court of competent jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSENTING TO BINDING ARBITRATION OF ALL DISPUTES HEREUNDER, AND THAT IN ARBITRATION, YOU SHALL NOT HAVE A RIGHT TO A JURY TRIAL, SHALL HAVE LIMITED DISCOVERY RIGHTS, AND SHALL HAVE VERY LIMITED RIGHTS OF APPEAL FROM THE DECISION OF THE ARBITRATOR. NOTHING IN THIS SECTION 16: ARBITRATION IS INTENDED OR SHALL BE CONSTRUED TO MODIFY OR OTHERWISE BE INCONSISTENT WITH THE PROVISIONS OF SECTION 13: TERMINATION, ABOVE, WHICH SETS FORTH THE SOLE AND EXCLUSIVE REMEDY OF ANY MEMBER WHO OBJECTS TO ANY TERMS OF THIS AGREEMENT (OR ANY MODIFICATION HEREOF) OR BECOMES DISSATISFIED WITH ANY OF THE SERVICES.
The Agreement shall be governed by and construed in accordance with the internal laws of the Province of Quebec, excluding its conflict of law provisions. Subject to Section 16: Arbitration, above, and without limiting the applicability of any provisions there under, we and you agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and further agree that the exclusive venue for any cause of action arising under or relating to this Agreement or the Services provided hereunder shall be the Superior Court in and for Montreal, Quebec, sitting in the City of Montreal, Quebec. We and you agree that any cause of action arising out of or related to the Agreement or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If any provision of the Agreement is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect. The Agreement (i) constitutes the entire agreement between the parties supersedes all prior agreements between the parties regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein. We at any time and from time to time may assign our rights and delegate our duties under this Agreement without your prior consent. You may not assign this Agreement to any other person under any circumstances without our express prior written consent. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.