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Service Terms and Conditions
By purchasing PhoneCards4USA.com
virtual phone card, you indicate that you understand and
agree to our Terms and Conditions as follows:
This
Agreement describes the terms and conditions applicable to
your use of all services ("Services") at
PhoneCards4USA.com web site ("Web Site"). You
acknowledge that you have read, understood, and agree to be
bound by all terms and conditions of this Agreement, as well
as any additional rules or policies that are or may be
published by PhoneCards4USA.com from time to time in
legal agreements section. This Agreement in addition to
any other rules and policies, make up the complete and
exclusive agreement between you and PhoneCards4USA.com
regarding your use of the Services, and supersede and govern
all prior proposals, agreements, or other communications. We
may amend this Agreement at any time by posting the amended
terms on the Site. Unless otherwise stated, all amendments
will be effective immediately upon posting on the Site. This
Agreement may not be otherwise amended except in a writing
signed by both parties. Your use of the Web Site and
Services shall constitute your acceptance of any amendments to
this Agreement as well as additional rules or policies that
are or may be published by PhoneCards4USA.com, each
with the new modifications. If you do not agree to any of such
changes, you may request that your membership be cancelled.
On occasions, PhoneCards4USA.com will send you
information about our promotions or news updates. Users have
these opportunity to opt-out from receiving these
notifications. You acknowledge and agree that such
cancellation will be your exclusive remedy and our sole
liability if you do not wish to abide by any changes to this
Agreement or any additional rules or policies that are or may
be published by PhoneCards4USA.com.
Membership EligibilityOur Services are only
available to individuals who can form legally binding
contracts under applicable law. Our Services are not available
to minors under the age of 18 under any circumstances. If you
do not wish to use our Services, please do not use the Web
Site. PhoneCards4USA.com may refuse Services to anyone
at anytime, at our sole discretion. To be an eligible member
of PhoneCards4USA.com you as the user must provide to
PhoneCards4USA.com with your legal first and last name,
billing address, city, state, country, postal code, and e-mail
address. Should you knowingly falsify any of the required
information, your account shall be terminated immediately with
or without prior notice. Certain first-time customers will be
subject to verification before the PINs (phone cards) is
issued.
User ConductYou understand that all
information, data, text, messages or other materials, whether
publicly posted or privately transmitted, are the sole
responsibility of the person from which such content
originated. This means that you, and not
PhoneCards4USA.com, are entirely responsible for all
content that you upload, post, email, transmit or otherwise
make available via the Services. PhoneCards4USA.com
does not control the content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Services, you
may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will
PhoneCards4USA.com be liable in any way for any
Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the
Service. You agree to not use the Services to: "
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; " impersonate any
person or entity, including, but not limited to, an
PhoneCards4USA.com official, or falsely state or
otherwise misrepresent your affiliation with a person or
entity; " intentionally or unintentionally violate any
applicable local, state, national or international law, or any
regulations having the force of law; " "stalk" or
otherwise harass another User; or " collect or store
personal data about other users.
IndemnificationYou agree to release, indemnify,
defend and hold harmless PhoneCards4USA.com, its
subsidiaries, affiliates, officers, directors, employees,
agents and advisors, from and against any and all losses,
liabilities, claims (including claims without legal merit or
brought in bad faith), demands, damages, costs or expenses,
causes of action, suits, proceedings, judgments, awards,
executions and liens, including reasonable attorneys' fees and
costs (whether brought by third parties or otherwise)
(collectively, "Claims") due to or arising out of your use of
or conduct on this Web Site or the service.
PhoneCards4USA.com reserves the right, at its own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you hereunder,
and in such event, you shall have no further obligation to
provide indemnification for such matter.
Remedies for Misuse of Your AccountWithout
limiting any other remedies, PhoneCards4USA.com may
terminate or suspend your account and status as a Member if
you misuse your account or any services.
Accuracy of Information Submitted to
PhoneCards4USA.comYou are solemnly responsible
for the truth and accuracy of all information you provide
publicly or privately to us or other Users during the
registration, or in any public message area, including but not
limited to chat, discussion forms, and your e-mail. Your
Information: (a) shall not be fraudulent; (b) shall not
infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or
privacy; (c) 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; (d) shall not be
defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (e) shall not be obscene or contain
child pornography or, if otherwise harmful to minors; (f)
shall not contain any viruses, or other computer programming
routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system,
data or personal information; and (g) shall not link directly
or indirectly to any other site; (h) shall not contain any
item that, by paying to us the listing fee or the final value
fee, could cause us to violate any applicable law, statute,
ordinance or regulation. PhoneCards4USA.com will only
use your information in accordance with our Privacy Policy.
Breach and Failure to PerformWeb Site reserves
the right to suspend, delete, terminate any current and future
accounts by a user who violates any of the above terms and
regulations of use of the Web Site. We reserve the right to
perpetually suspend or terminate your use of our Web Site or
your status as a member, if you breach this Agreement, or if
we are unable to verify or authenticate any information you
provide to us.
Representations and WarrantiesYou represent that
all information provided by you in connection with your use of
the Services is accurate and current. THE SERVICES ARE
PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights that vary from
jurisdiction to jurisdiction. No Warranties. THE SERVICE AND
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO
TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND
NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION,
PhoneCards4USA.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PhoneCards4USA.com DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND
AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF
THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE
THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
Disclaimer - Phone
CardsPhoneCards4USA.com shall not be held
responsible for any loss incurred by customers as the use of
products that it carries. The quality of the prepaid cards
that PhoneCards4USA.com carries are sole responsibility
of their manufacturer. PhoneCards4USA.com shall not
entertain any complaints regarding the quality or
misinformation of products that it carries. However,
PhoneCards4USA.com shall assist customers in getting
Customer Service number for appropriate manufacturer. The
images of the products belongs to their manufacturers and
PhoneCards4USA.com only uses them as sample images. The
calling rates are based on the posters that
PhoneCards4USA.com received from our manufacturers.
These rates are subject to change without notice.
PhoneCards4USA.com always tries to keep the latest
rates as much as possible. However, if there is any case of
discrepancy in rates, PhoneCards4USA.com shall not be
held responsible. The information and services included in or
available through the Service may include inaccuracies or
typographical errors. Changes are periodically added to the
information herein. You specifically agree that
PhoneCards4USA.com shall not be responsible for
unauthorized access of your user account
PIN numbers
for the purchased calling cards will be shown as soon as the
credit card transaction is successful. A copy of the receipt
is emailed to the address provided within a few seconds. In
case of any unforeseen technical errors during transaction,
please inform
us. It is the responsibility of the customer to provide us
with correct email address. PhoneCards4USA.com shall
not be held responsible for any mistaken delivery produced by
customer's false information. PhoneCards4USA.com also
shall not be held responsible for unauthorized use of PIN
number; stolen or otherwise.
All questions and
problems should be resolved through the Customer Service.
Rates and fees are subject to change in accordance with legal
requirements without notice. Federal, state, and local taxes
may apply. Services provided are subject to terms and
conditions of federal and state tariffs. Application of
surcharges and fees has the effect of reducing total minutes
on the card. The card has no cash value and is non-refundable.
Be sure to safeguard your card at all times.
Return Policy
All sales are final. No returns or refunds on any purchase. Refunds are allowed only if the PIN is defective and unused. Refunds cannot be provided for lost, stolen or expired PINs. We recommend you to check the prices, fees and terms before placing an order.
ReleaseIn the event that you have a dispute with
a Buyer, Seller, or any other User, you hereby acknowledge and
agree to release PhoneCards4USA.com and its agents and
employees from any claims, demands and damages (both actual
and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Limitation of LiabilityYOU ACKNOWLEDGE AND
AGREE THAT PhoneCards4USA.com WILL NOT BE LIABLE, UNDER
ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
PhoneCards4USA.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL PhoneCards4USA.com's
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General Compliance with LawsYou shall comply
with all applicable laws, statutes, ordinances and regulations
regarding your use of the Services, including, but not limited
to, your bidding on, listing, purchasing, of selling of a
Registration.
ArbitrationAny controversy or claim arising out
of or relating to this Agreement 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 Boston, Massachusetts by a panel of one
arbitrator, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you
or PhoneCards4USA.com may seek any interim or
preliminary relief from a court of competent jurisdiction in
Boston, Massachusetts necessary to protect the rights or
property of you or PhoneCards4USA.com, pending the
completion of arbitration.
GeneralYour rights and obligations and all
actions contemplated by this Agreement shall be governed by
the laws of the United States of America and the Commonwealth
of Massachusetts, as if the Agreement was a contract wholly
entered into and wholly performed within the Commonwealth of
Massachusetts. Any claims, legal proceeding or litigation
arising in connection with the Service and this agreement will
be brought solely in Suffolk County, Boston, Massachusetts and
you consent to the jurisdiction of such courts. Headings are
for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. On
occasions, PhoneCards4USA.com will send you information
about our promotions or news updates. Users have these
opportunity to opt-out from receiving these notifications. The
failure of PhoneCards4USA.com to require your
performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter; nor
shall the waiver by PhoneCards4USA.com of a breach of
any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this
Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this
Agreement unenforceable or invalid as a whole.
PhoneCards4USA.com will amend or replace such provision
with one that is valid and enforceable and which achieves, to
the extent possible, the original objectives and intent of
register.com as reflected in the original provision. You
acknowledge and agree that, to the extent necessary, it is
your responsibility to: (a) provide all equipment, including a
computer and modem, necessary for you to establish a
connection to the Internet; and (b) provide for your own
connection to the Internet and pay any telephone service fees
associated with such connection. This Agreement sets forth the
entire understanding and agreement between us with respect to
the subject matter hereof.
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