calleveryone.com User Agreement
This agreement ("Agreement") (including the General and
Specific Terms set forth below) contains all of the terms and
conditions between calleveryone.com ("we," "us,"
"our" or "calleveryone.com") and you
("you," "user," or "Customer") and
governs the use of the services offered at the calleveryone.com web
site (the "Site"). Please read this Agreement before using
the Site. Use of the service constitutes an agreement to all terms
and conditions in this Agreement. By using this Site, all users do
hereby represent, warrant, understand and agree that they have read
this Agreement and understand, agree to and accept all terms and
conditions contained herein. If you do not agree to any of the terms
set forth herein, you may not use this Site.
General Terms:
calleveryone.com and its parent, Sepasco Access Services LLC, owns
and operates a distributed Voice over IP broadband phone service
("Service") and related web Site. The Service and Site are
provided to Customers according to this Agreement. The Agreement
applies to the Service, Site and any devices utilized, such as an IP
Phone, Analog Telephone Adapter or any other device
("Device") used to access the Service. By activating the
Service you agree to the following:
You understand and intend that the Agreement is a legally binding
agreement equivalent to a signed, written contract. You will use the
Service in a manner consistent with all applicable laws and
regulations and in accordance with the terms of this Agreement and
any other applicable rules or conditions that govern the use of the
Service as they may be amended from time to time.
Use of Service and Device.
The following requirements apply to the use of our Services:
You will not use the Service for any purpose that is unlawful,
abusive, intrusive on another's privacy, harassing, libelous,
defamatory, threatening or hateful, or in any other way that would
violate any applicable governmental law. Your service is transferable
to another but first calleveryone.com must be notified for proper
billing purposes. If you choose to use the Service from outside the
United States , you are responsible for compliance with any and all
governing foreign and local laws. You may not reverse engineer,
distribute, publish, display, modify or in any way exploit the
configuration parameters which we provide as a means to access the
Service. You acknowledge that the Device and any embedded software or
firmware is exclusively for use with the Service. You agree not to
perform a factory reset of the Device unless directed to do so by an
bonafide calleveryone.com employee.
Services. Users may seek the services of third parties and/or other
users not related to calleveryone.com through the use of the Site or
Service. If there are any issues concerning advice and/or service
received by a user from any third parties or any other user of the
Site or Service unrelated to calleveryone.com or any claims,
controversies, suits or any damages whatsoever that may arise, users
must deal directly with said third parties to resolve any disputes.
calleveryone.com will not be held responsible and expressly disclaims
any liability whatsoever for any claims and/or controversies that may
arise from any disputes between any users of the Site or Service. By
using this Site, you do hereby represent, understand and expressly
agree to hold calleveryone.com harmless for any claim or controversy
that may arise from any disputes between users of the Site or
Service. Any telephone numbers assigned to customers do not become
the property of the Customer. The number is not portable to another
service or service provider.
Eligibility. Our services are void where prohibited by applicable
laws. Our Service is offered only to individuals who can form legally
binding contracts under applicable law. Without limiting the
foregoing, our Service is not available to minors under the age of
eighteen (18) in the jurisdiction or control of the United States or
to anyone who may not be able to form a legal binding contract within
such person's jurisdiction. Any misstatements and/or
misrepresentations regarding the age, background, experience and/or
eligibility of any users of the Service are not the responsibility of
calleveryone.com. Calleveryone.com does hereby expressly disclaim any
liability whatsoever for any misstatements and/or misrepresentations
made by any users of this Site or the Service. Users do hereby
represent, understand and agree to hold calleveryone.com harmless and
to indemnify calleveryone.com for any misstatements and/or
misrepresentations, whether made intentionally or not, made by any
users of this Site or the Service.
Links and Account Information All users do hereby agree to be the
sole, authorized user of their account. Should any user of this Site
authorize any third party to use their account, user does hereby
agree to supervise all usage thereof. Calleveryone.com has no control
over the use of any user's account by a user authorized third party
and expressly disclaims any liability derived therefrom. Should any
user suspect that any unauthorized party may be using their account,
user does hereby agree to contact calleveryone.com immediately. Links
from calleveryone.com to other Sites on the Web do not constitute the
endorsement of calleveryone.com. These links are provided as an
information service only. It is the responsibility of the user to
evaluate the content and usefulness of the information obtained from
other Sites. Such hyperlinks are provided for reference and
convenience only. Calleveryone.com does not control such web Sites,
and is not responsible for their content. Users further acknowledge
that use of any Web Site controlled, owned or operated by third
parties is governed by the terms and conditions of use for those Web
Sites, and not by the calleveryone.com User Agreement or Privacy
Policy. Our Privacy Policy is incorporated herein by reference. Links
to external Web Sites (including external Web Sites that are framed
by calleveryone.com) or inclusions of advertisements do not
constitute an endorsement by calleveryone.com of such Sites or the
content, products, advertising or other materials presented on such
Sites, but are for User's convenience. Users access them at their own
risk. calleveryone.com expressly disclaims any liability for any
damages whatsoever incurred by any user in connection with the use of
any web Sites, the access to which was found through this Site.
Calleveryone.com expressly disclaims any liability derived from the
use and/or viewing of any links that may appear on this! Site. All
users do hereby agree to hold calleveryone.com harmless from any
liability that may result from the use of links that may appear on
the Site.
Specific Terms and Conditions:
Term. Service is offered on a monthly basis. Your monthly term begins
on the date that your Service is activated by us. Full monthly terms
will renew automatically unless we are otherwise notified by you of
your intent to cancel Service. Written notice of cancellation must be
given at least 1 days before the end of the then current monthly
term. Upon cancellation, you will be responsible for charges for the
then current full monthly term, any unbilled charges. All charges
will become immediately due and payable. The Device is only
returnable within the first thirty [30] days. In order to receive
credit for the purchased device in the 30 days, it must be returned
in its original box, intact, with all originally included
supplementary items. Additionally, the phone must be in working
order. After the first 30 days the phone is not returnable for credit.
Paid Service. Payment for Service and applicable taxes is billed on a
pre-pay monthly basis. You must provide a valid credit card at the
time you sign up for the Service. You agree to maintain a valid and
current credit card on file with calleveryone.com and its affiliate
organizations at all times. Additional charges including, but not
limited to additional features and per minute charges for calls
beyond those included in your Service will be billed at the end of
the monthly term in which such charges are incurred.
If charges to your credit card are declined for any reason,
calleveryone.com reserves the right to suspend or terminate your
Service until you provide a valid method of payment. Suspension or
termination of your Service leaves you liable for all accrued charges
and fees associated with the collection of such payment. You must
notify calleveryone.com in writing within 7 days after receiving your
credit card statement if you dispute any calleveryone.com charges on
that statement.
Short Form Emergency Services, E911 and 911. You acknowledge that we
have informed you that the Service presently does not support 911,
E911 or any other type of emergency services; that calls to "
9-1-1 " cannot be connected; and that you need to make
alternative arrangements to contact emergency services in situations
where you would need to dial 911.
"900 Numbers." You acknowledge that we have informed you
that the Service does not permit calls to 900 numbers or other
pay-per-call services.
Directory Assistance. You acknowledge that we have informed you that
calls to Directory Assistance (411, 1-XXX-555-1212) excluding
toll-free Directory Assistance (1-800-555-1212) is not currently supported.
Theft. You are responsible for cancelling your Service if you believe
the Device is lost or stolen, or if you become aware that the Service
provided to you is being stolen. Failure to do so may result in
additional charges to you.
Return of Device. You may cancel your Service and return the Device
to calleveryone.com within 30 days of Service activation. You must
return the Device in its original undamaged condition, with all
original packaging, documentation and accessory materials.
Service Termination. calleveryone.com reserves the right to terminate
the Service at any time with or without notice and for any reason.
You agree that calleveryone.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Equipment. The equipment which is used to make calls on the
calleveryone.com network is owned by you. The equipment warranty is
for one year. If the equipment becoming electronically unusable and
needs repair or replacement you agree to contact us for a return
merchandise authorization [RMA] number prior to sending the equipment
back to us. Based on our findings, at our option, we may charge you
for the repair - the replacement cost of the equipment.
Privacy. Personal data and certain other information submitted by you
is subject to our Privacy Policy. Voice over IP communications are
transmitted over public networks including the Internet. You
acknowledge that calleveryone.com is not liable for any loss of
privacy arising out of use of the Service.
Release. Because we are not involved in the actual contact between
users, in the event that you have a dispute with one or more users
and/or any parties unrelated to calleveryone.com (including, but not
limited to, any clients of calleveryone.com), you release
calleveryone.com (and our officers, directors, principals, agents,
investors, subsidiaries and employees) from all claims, demands and
damages (actual and consequential) of every kind and nature
whatsoever, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users. Users are responsible for providing
accurate, timely and complete information to us in connection with
their registration for and use of the Site. Calleveryone.com is not
responsible for any claims relating to any inaccurate, untimely or
incomplete information provided to us. Users represent and warrant
that they are the owner or a licensee or otherwise have the right to
provide any information or materials (including pre-existing
materials) that they post or transmit via our Service or Site.
Your Information. "Your Information" is defined as any
information you provide to us in the registration process, through
any e-mail feature, electronic submission or transaction or through
traditional mail. You are solely responsible for Your Information,
and we act as a passive conduit for your online distribution and
publication of Your Information. With respect to Your Information:
Your Information (or any items or contents listed therein): (a) shall
not be false, inaccurate or misleading; (b) shall not violate any
law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (c) shall not
create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other partners, affiliates, users or suppliers.
Billing and Payment Policy. Certain users of the Site are obligated
to pay for the services offered therein, unless specifically notified
otherwise. Calleveryone.com will charge a user's credit card
according to the agreed upon fee between user and calleveryone.com
for use of the services of the Site. Users will pay fees according to
the applicable "Price Menu" set forth on the
calleveryone.com Site. While calleveryone.com will use its best
efforts to ensure the privacy of all credit card and other personal
information, we expressly disclaim any liability for any damage that
may result should any such information be released to any third
parties. User does hereby agree to hold calleveryone.com harmless for
any damages that may result therefrom. Calleveryone.com will use a
third party service to process your credit card information.
Calleveryone.com is not responsible for any of the services offered
by third party. You do hereby agree to indemnify and hold harmless
calleveryone.com from any liability whatsoever that may result from
the use of said party's services.
No Liability. User agrees not to hold calleveryone.com, the
calleveryone.com principals, agents and employees, officers,
directors, or participants liable for any advice, representations
and/or services delivered which originated through the Site or were
otherwise provided by any user. All users of this Site or the Service
release calleveryone.com, The calleveryone.com principal's, agents,
officers, directors, and employees from claims, demands and damages
(actual or consequential) of every kind and nature, known and
unknown, disclosed and undisclosed, arising out of or in any way
connected with any such disputes that may arise through the use of
this Site or the Service.
Indemnification: By agreeing to the terms of the User Agreement,
Users agree to indemnify, defend and hold harmless calleveryone.com,
its directors, officers, employees, principals, agents, licensors,
attorneys, independent contractors, providers, subsidiaries and
affiliates (collectively referred to herein as
"calleveryone.com") from and against any and all claim,
loss, expense or demand of liability, including attorneys' fees and
costs incurred by calleveryone.com and Affiliates in connection with
any claim by a third party (including any intellectual property
claim) arising out of (i) materials and content Users submit, post or
transmit through the Site, (ii) any information and/or services
offered by any parties other than calleveryone.com in connection with
the Site (iii) any use of the Site in violation of these Terms of Use
or in violation of any applicable law. Users further agree that they
will cooperate as reasonably required in the defense of any such
claims. Calleveryone.com and Affiliates reserve the right, at their
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by Users, and Users shall
not, in any event, settle any such claim or matter without the
written consent of calleveryone.com. Users further agree to hold
harmless calleveryone.com and Affiliates from any claim arising from
a third party's use of information or materials of any kind that they
post in a Public Area.
Modification of the Terms of this Agreement. Calleveryone.com
reserves the right to make changes to this Agreement from time to
time. Calleveryone.com shall provide notice to User of any
substantive and/or material changes to this Agreement or any policies
posted on the Site. It is, however, the responsibility of the user to
review the terms of this Agreement each time any users view the Site.
Calleveryone.com is not responsible for any damage that may result
should user fail to review this User Agreement following any
modifications that may be implemented herein.
Term of Agreement. This Agreement will become effective immediately
upon any use by all users of the Site or Service and shall remain
effective unless terminated by either party as provided hereunder.
Either party may terminate this Agreement by providing the other with
written or email notice of such termination which shall be effective
immediately upon delivery of such notice to the other party.
Furthermore, Calleveryone.com may terminate this Agreement between
any user immediately for any breach of this Agreement or any
applicable policy of calleveryone.com as posted on the Site from time
to time. No reimbursements for any fees charged in connection with
services offered on the Site shall be issued where reason for
termination is due to the violation of any of the terms and
conditions set forth herein or in any other policy posted on this
Site. In the event of termination or expiration, the following
sections shall survive: Term of Agreement; Ownership; Disclaimer;
Limitation of Liability; Notice; and Miscellaneous.
Intellectual Property Rights. All text, graphics, editorial content,
data, formatting, graphs, HTML, look and feel, photographs, music,
sounds, images, software, videos, designs, typefaces and other
content (collectively, "Proprietary Material") that Users
see or read on the Site is owned by calleveryone.com or is used with
permission. This Proprietary Material is protected in all forms,
media and technologies now known or hereinafter developed.
Calleveryone.com owns all Proprietary Material as well as the
coordination, selection, arrangement and enhancement of such
Proprietary Materials as a Collective Work under the United States
Copyright Act, as amended. Users may not copy, download, use
redesign, reconfigure or re-transmit anything from the
calleveryone.com Site without prior express written permission
calleveryone.com. Furthermore, Users are not allowed to post or
distribute any material they do not own, or which they do not have
permission to use. Violation of this policy may result in copyright,
trademark or other intellectual property rights violations, and
subject Users to termination from the use of this Site or civil or
criminal penalties.
Notice of Trademark Rights. The service marks and trademarks of
calleveryone.com, and the calleveryone.com logo and domain are
service marks owned by calleveryone.com. Any other trademarks,
service marks, logos and/or trade names appearing on the Site are the
property of their respective owners. Users acknowledge the rights of
calleveryone.com and the respective third parties in those marks.
Users may not copy or use any of these marks, logos or trade names
without the prior written permission of the owner except as expressly
allowed by these Terms of Use.
Limited License. Calleveryone.com grants its users a nonexclusive,
revocable right to use the Site provided that users do not (i) copy,
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, (ii)
modify or attempt to modify the Site in any manner or form.
Modifications to the Site. Calleveryone.com reserves the right in its
sole discretion to review, improve, modify or discontinue,
temporarily or permanently, the Site or Service or any content or
information on the Site with or without notice to user. Users agree
that calleveryone.com shall not be liable to any user or any third
party for any modification or discontinuance of the Site or Service.
Privacy. Calleveryone.com Privacy Statement located on its Site as
modified by calleveryone.com from time to time shall govern any
disclosure or use of user's personal information. By using this Site
or the Service, you do hereby represent, understand and agree that
you have reviewed and agree to those terms.
Account, password and security. Users are responsible for maintaining
the confidentiality of any password and account number provided by
themselves or calleveryone.com for accessing the Site or Service, and
are fully responsible for all activities that occur under user's
password or account. User agrees to immediately notify
calleveryone.com of any unauthorized use of a user's password or
account or any other breach of security.
No Agency. You and calleveryone.com are not legally affiliated in any
way by virtue of your membership or usage of calleveryone.com Site or
Service or intellectual property other then the terms and conditions
stated in this User Agreement and no independent contractor, agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimer of Warranties. USER EXPRESSLY AGREES THAT THE USE OF THE
SITE AND SERVICE IS AT USER'S SOLE RISK. NEITHER CALLEVERYONE.COM NOR
ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE OR SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE AND
SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER CALLEVERYONE.COM NOR ITS
LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION.
CALLEVERYONE.COM AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE
OF VIRUSES, WORMS , TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
CALLEVERYONE.COM AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE
THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE
SPECIFIED BY USERS. CALLEVERYONE.COM CANNOT AND DOES NOT, HOWEVER,
GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE
MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
USERS AGREE NOT TO HOLD CALLEVERYONE.COM, PRINCIPALS, AGENTS,
CONTRACTORS EMPLOYEES AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF
ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION,
INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED
THROUGH THE SITE. CALLEVERYONE.COM AND AFFILIATES ARE NOT AND SHALL
NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR
INABILITY TO USE THE SITE OR SERVICE. SHOULD ANY INTERRUPTION OCCUR
WITH THE SITE OR SERVICE, WHETHER WITHIN THE CONTROL OF
CALLEVERYONE.COM OR NOT, CALLEVERYONE.COM EXPRESSLY DICLAIMS ANY
LIABILITY WHATSOEVER FOR ANY DAMAGES, INCIDENTAL OR CONSEQUENTIAL
THAT MAY RESULT TO ANY PARTY INCLUDING ANY USER (WHETHER A! PAYING MEMBER/USER
OR NOT) OF THE SITE OR SERVICE.
Limitation of Liability. Under no circumstances will calleveryone.com
or its Affiliates be liable to any party for any indirect,
incidental, consequential, special or exemplary damages arising from
any provision of this Agreement. Furthermore, the aggregate liability
of calleveryone.com or its Affiliates arising with respect to this
Agreement and the Site will not exceed the total amounts paid by user
in the previous twelve (12) months under this Agreement. Any notice
or other communication to be given hereunder will be in writing and
given by facsimile, postpaid registered or certified mail return
receipt requested, or electronic mail.
Arbitration. Any controversy or claim arising out of or relating to
this Agreement or our services shall be settled by binding
arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in the State of New
York and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Either you or calleveryone.com may
seek any interim or preliminary relief from a court of competent
jurisdiction in the State of New York, necessary to protect the
rights or property of you or calleveryone.com pending the completion
of arbitration.
Force Majeure. Calleveryone.com shall not be liable for any delay in
performance directly or indirectly caused by or resulting in acts of
God, fire, flood, accident, riot, war, government reforms, embargoes,
strikes, labor difficulties, equipment failure, late delivery by
suppliers or any other difficulties of calleveryone.com as may occur
in spite of the best effort by calleveryone.com.
Governing Law. This agreement is governed by the laws of the State of
New York. All parties acknowledge and agrees that the New York courts
have jurisdiction over this agreement and shall be the venue for any
litigation not previously covered by arbitration.
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