A. General.
This Website (as defined below) is created and owned by 011now LLC ("011now"). This document constitutes the Customer Service Agreement (the "Agreement"), between you (as defined below) and 011now, and sets forth the terms and conditions applicable to your purchase of, and subscription to, the Services (as defined below) of the 011now.com services.
A.1 By enrolling in, purchasing, subscribing for and paying for the 011now.com Services, you hereby acknowledge and accept the terms and conditions of this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement or any additional rules or policies that are or may be published on the Website (as defined below) from time to time, please do not use or access the Website or any information or material included therein.
A.2 Commencement of your usage of the Services (by enrolling in, registering for, using or paying for the Services ) shall be deemed as your acknowledgement and acceptance of the terms and conditions of this Agreement. Your acknowledgement and acceptance of this Agreement through the Website, our customer care center and/or use of the Services will be deemed to constitute your acknowledgement and acceptance of this Agreement, the same as if you had manually executed a copy of this Agreement representing your acknowledgement and acceptance of the terms and conditions herein.
A.3 This Agreement, together with any other rules and policies provided on the Website, shall (i) constitute the complete and exclusive Agreement regarding your use of the Services and (ii) supersede all other proposals, agreements and other communications regarding the subject matter of this Agreement. We may amend this Agreement or any other rules and policies provided on the Website from time to time by posting such amended terms on the Website. Unless otherwise stated in such amendments, all such amendments will be effective immediately upon posting on the Website. It is your responsibility to ensure that you have the most recent "Rates" and terms and conditions of this Agreement. Your continued use of your Account (as defined below) and/or the Service after the posting of any such amendments will be deemed to be your acknowledgement and acceptance of such amendments. If you do not agree to any such changes, you may request that your Account be cancelled by sending an electronic mail message ("e-mail") to us or contacting our customer care center.
A.4 Our Website may occasionally send you information about our promotions or news updates. You will have the opportunity to opt out from receiving these notifications.
A.5 You hereby acknowledge and agree that by utilizing our Services and the Website, you will not acquire any rights or licenses in or to the Services or the Website or the materials contained within the Services or the Website other than a limited right to utilize the Services and the Website in accordance with the terms and conditions of this Agreement. In the event you choose to download content from the Website, you must do so in accordance with, and subject to, the terms and conditions of this Agreement. Any materials downloaded to you from our Website is licensed to you by us ONLY for your own personal, noncommercial use in accordance with the terms and conditions of this Agreement and does not transfer any other rights to you. Furthermore, all intellectual property rights related to the Services or the Website, including all copyright, trademark, trade secret and/or patent rights, will remain the exclusive property of 011now.
A.6 You hereby acknowledge and agree that cancellation of your Account with 011now shall be your sole and exclusive remedy, if you do not wish to abide by the terms and conditions of this Agreement, any additional rules or policies that may be published on the Website or any amendments thereto.
B. Definitions.
B.1 "You" and "your" means the customer of the Services and "011now", "we", "our" or "us" means 011now.com, and any of its affiliates involved in providing you the Services.
B.2 "Services" means the international telecommunications services provided by 011now to you pursuant to the terms and conditions of this Agreement which provide you with the ability to make telephone calls. The Services covered in this Agreement may not be available in all locations.
B.3 "Website" means 011now's internet website at http://www.011now.com
C. Signing -Up and Usage of Services.
C.1 Provision of Services. The Services provide you with the ability to make international telephone calls to specified locations using touch-tone telephones by dialing an access number listed on 011now website , entering PIN password (optional) (provided to you by 011now upon subscribing to the Services) and dialing the telephone number of the party you wish to contact. You are not required to change your existing telephone service provider in order to use the Services.
C.2 Account Opening. In order to become an 011now customer you need to be at least 18 years old and should have signed up for our services on our website www.011now.com
C.3 As part of the application process, you will provide us with (i) true, accurate, current and complete information about yourself as requested by the registration form or customer care executive, including without limitation, your full name, e-mail address and a valid debit card or credit card number issued by one of the following card companies: MasterCard and VISA and (ii) maintain and update your information in the event it changes in the future. Prior to activation, you hereby authorize us to check your credit rating, verify your identity, charge a deposit, prepayment or other fee to establish or maintain the Services, or require that you execute any additional authorizations or verifications as we may deem necessary. In addition, you must have and maintain a satisfactory credit rating to receive and continue to receive Services. You hereby authorize us to make such verifications, and obtain your credit rating information from consumer credit reporting agencies, as may be necessary from time to time. Should you falsify any of such required information, we reserve the right to refuse your registration and/or terminate your Account immediately without prior notice and to refuse any and all current or future use of the Services.
C.4 Acceptance of Services. Each time you enroll in, register for or use the Services, you shall be deemed to further acknowledge and accept the terms and conditions of this Agreement. Your completion of on-line registration constitutes an offer to purchase and subscribe to the Services that we may accept or reject in our sole discretion. We may deny your application and refuse to provide you with the Services for any reason in our sole discretion, including without limitation, if your credit rating is not deemed satisfactory. In addition, we may accept your application for the Services but set a credit limit on your Account based on your payment history or your credit rating available from consumer credit reporting agencies. In the event we set such a credit limit on your Account, we will notify you of your initial credit limit, provided, that we reserve the right to adjust your credit limit at any time in the future. If you exceed your credit limit, we may restrict your access to the Services and also require you to make payments towards the outstanding balance on your Account. Upon your acknowledgement and acceptance of the terms and conditions of this Agreement and once you have completed the application form in full either through the Website or our customer care center and we have verified the details provided by you, we will send you an e-mail that confirms that you have become an 011now customer and provide you with information concerning your 011now account ("Account"). The email contain a link to activate your account. You must activate your account by clicking on the “Activate” link in the email.
C.5 We will not make any adjustments to your Account information unless during our credit and identity verification checks we determine, in our sole discretion, that it is necessary to obtain additional information from you, including without limitation, your social security number. Any and all changes which you may seek for your individual Account, including without limitation, charges or the Services to be provided by us, must be requested by you to us only by e-mail.
D. Account Number, password, User ID and Website Password.
D.1 You alone are responsible for the safe keeping and confidentiality of your Account number. We will send your Account information only to the e-mail address that you have entered on the application when you applied to become an 011now customer. We will not be held responsible if other parties are able access your e-mail account and obtain your Account information. Please be aware that you are responsible for any and all charges to your Account and you hereby waive any and all claims that you may have against us for any fraudulent charges that result from the theft or fraudulent use of your e-mail account, credit card or Account number. You must immediately notify us when you become aware of any unauthorized or fraudulent use of your Account number, PIN password, user ID or Website password, so that appropriate modifications can be made to protect your Account. You hereby agree to pay for all Services charged to your Account, whether or not you have authorized the use of such Services. It will be your sole obligation to maintain a current, operational and secure e-mail address and for reading e-mail sent from us to you so that we can notify you of updates to our Services and provide you with information concerning your Account. You are responsible for any loss, theft or unauthorized use of your Account information. Your 011now Account and the Services which you may purchase have no cash redemption value. In case of fraudulent use of your Account, your Account may be suspended or terminated by us without notice and you will not be eligible for any refund.
E. Accessing the Services. You can access the Services in two ways:
E.1 Registered Account. If you register to receive a "registered" Account ( e.g. , where a specific phone number is pre-selected by you upon subscription to automatically receive the Services), you will not be provided with a physical Account number. Instead, the "registered" Account will consist of an electronic Account number and access code that you will use to access the Services. When making calls using 011now from a "registered" phone, you must dial a 011now access number. After dialing the access number, you must enter, when prompted, the country and destination code for the specified location and the destination phone number. Dialing from a "registered" phone number generally does not require the use of a PIN password.
E.2 Non-Registered Account. When you make calls with 011now from a "non-registered" phone, you must dial a 011now access number. After dialing the access number, you must enter, when prompted,(i) your PIN password and the destination phone number.
Please check with your local landline or cellular telephone service provider to determine if any toll charges apply to calls made to the access number before accessing the Services. You are not eligible for any reimbursement from us for any charges assessed by your local landline or cellular telephone service provider as a result of your dialing one of the provided access numbers.
E.3 Customer Care. Our customer care center is available 24 hours a day, seven days a week by e-mail (support@011now.com). You should direct all questions, concerns or complaints about the Services to our customer care center.
F. Charges and Payment.
F.1 Rates and Charges. You are responsible for checking all applicable rates and charges, including payphone or other facility surcharges, before making any calls using the Services. Rates and charges will be published on our Website. Any rates and charges provided on the website are incorporated by reference into this Agreement. Depending on various factors, including without limitation, whether you are calling from a payphone or whether you are obtaining other services from an affiliate of 011now, the rates and charges for any particular call may vary.
F.2 Rating of Calls. Charges for telephone calls will be measured in complete minutes. All calls which are a fraction of a minute will be rounded up to the next whole minute ( e.g. , a call which lasts 3 minute and 30 seconds will be charged as a 4 minute call). Timing for calls begins when the call is answered by the called party. Timing terminates for calls when the calling party terminates the call ( e.g. , hangs up the telephone) or 011now's network receives an "on -hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on our Website at least seven days prior to such changes becoming effective; provided , that any change required by law or a governmental authority shall be immediately effective.
F.3 User Fee. There is no user fee.
F.4 Taxes and Other Charges. In addition to all applicable rates and charges, we will invoice you for taxes, fees, surcharges and other charges as may be required by any federal, state or local authorities, unless you can provide us with supporting documentation to our sole satisfaction that you are exempted from the payment of such amounts. Unless required by applicable law, we will not provide advance notice of changes to such taxes, fees, surcharges and other charges.
F.5 Rate Changes. We may change the rates and charges for the Services at any time without advance notice and we may offer special promotions from time to time. In the event we increase our rates and charges, we will post such increases on our Website at least ten days prior to the date on which such increases become effective; provided , that increases implemented in order to recover our costs associated with government or regulatory directives (excluding taxes and other charges described in Section F.4) are effective within four days after we post such increases on our Website.
F.6 Payment. The rates and charges applicable to the Services are as described above and are published on the website. You hereby agree (i) to pay us at such rates and charges, (ii) that we may charge all outstanding amounts in your Account to any bank transfer or direct debit facility, as applicable, or any credit, debit or charge card number you have provided to us (a) in your application for the Services or (b) subsequently irrespective of when such charges were incurred, and (iii) if the charge to your credit, debit or charge card is not accepted, that we may bill you directly for such outstanding charges. In the event we elect to bill you directly for such outstanding charges and you fail to pay such charges in full within the required period, you hereby agree to permit us to charge such outstanding charges or, in the case of any partial payment, the remaining balance of your outstanding charges, to your credit, debit or charge card. You agree to inform us immediately of any changes to your credit, debit or charge card information, including without limitation, the expiration date. We reserve the right to retain any credit, debit or charge card information you provide to us and to charge any outstanding charges to any such card as long as your Account remains active and for any reasonable period thereafter. If the charge to your credit, debit or charge card is not accepted for any reason whatsoever, including without limitation, if the card is no longer valid or you have instructed the credit, debit or charge card issuer to block, reject or refuse to pay such charge, we may charge you an additional fee as well as a late fee of 1.49% per annum which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the state law where you receive the Services requires a different penalty fee or rate, we will charge the penalty fee or rate required by such state. We reserve to amend the list of payment options stated above at any time in the future; provided , that all active payment options will be displayed on the Website.
F.7 Usage Conditions. In order to use the Services, your Account must have a sufficient balance to cover the cost of the Services. As you use the Services, your Account will be debited accordingly. We reserve the right to terminate a call in progress if your Account balance is insufficient to cover the cost of continuing the call.
F.8 Billing Information and Monthly Statements. Upon enrollment or registration as an 011now customer, depending on the service plan, you will have confidential access to your billing and usage information for the last 180 calendar days on the Website under "My Account" 24 hours a day, seven days a week. In the event you request a copy of a statement that is no longer available through the Website, we may assess a processing fee against you for such request.
F.9 Billing Disputes. You must notify us by emailing our customer care center support@011now.com) of any disputed charges within 30 calendar days of the charge being posted to your Account. To the extent we determine that an adjustment is warranted, we will credit your Account accordingly. You are responsible for reviewing your monthly statements and billing information. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding such disputed charge. If you do not make payments for current or prior bills, including payments for late fees or any other required additional charges, by the required due date or if we are unable to charge to your credit, debit or charge card ( i.e. , the card is no longer valid or you have instructed the credit, debit or charge card issuer to block, reject or refuse to pay such charge) for such amounts payable by you, we may suspend, restrict or cancel your Account and your ability to use the Services without any prior notice.
G. Suspension and/or Cancellation of the Services.
G.1 Cancellation. In the event you wish to discontinue using the Services at any time, you may do so by notifying us by e-mail (support@011now.com). Upon receipt of such request to discontinue using the Services, we will terminate access to your Account. However, in all such cases you will remain responsible for the payment of all outstanding charges for Services rendered prior to and through the date we have terminated access to your Account. If you are enrolled in a prepaid Service, you will not be entitled to any refund of the unused balance in your prepaid Account as of the date you request to discontinue using the Services. In addition, we may suspend the provision of the Services to you immediately if (i) we, in our sole discretion, determine that you have breached the terms or conditions of this Agreement or we reasonably suspect that you have breached such terms or conditions, (ii) such suspension is required for technical reasons, (iii) such suspension is required by any governmental or regulatory authorities, (iv) if bankruptcy proceedings are brought against you, (v) we, in our sole discretion, determine that your communications with our customer care center have been threatening, menacing or harassing, or (vi) we receive notice from you or your authorized representative informing us that your Account number, PIN password, user ID or Website password have been lost, misplaced or stolen. You also hereby agree not to use 011now to threaten, menace or harass any person. We reserve the right to block, without notice or liability, any 011now Service that we have reason to believe to has been used for fraudulent or illegal purposes. In addition, we reserve the right to monitor communications using the Services if required by any governmental or regulatory authorities.
G.2 Non-Usage of Account. Please note that in the event your Account is inactive for a period of six months (measured from the later of (x) the date of last use or (y) the date of the last recharge of your the prepaid Account), we may, in our sole discretion, elect to terminate your Account and Account number. In the event you wish to request an extension of such period, you may make a request for such extension by notifying us by e-mail (support@011now.com). Upon receipt of such request, we may, at our discretion, provide you with an extension of the expiration date of your Account and Account number. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to (i) provide you with such an extension or (ii) refund any remaining balance left in your prepaid Account as of the date such account expires due to non-usage.
G.3 Fraudulent Use; Termination. You are responsible for the truth and accuracy of all information you provide to us during registration and in any other communications with us through our customer care center or via e- mail. You hereby agree not to use the Services for any unlawful, abusive or fraudulent purpose, including without limitation, interfering with our ability to provide the Services to you or other customers or avoiding your obligation to pay for the Services you utilize. Your rights to the privacy of your personal information under this Agreement shall not violate any law, statute, ordinance or regulation. Your use of the Services shall not (i) infringe upon our or any third party's copyright, patent, trademark, service mark, trade secret or other proprietary rights, (ii) be defamatory, trade libelous or unlawfully threatening or harassing, or (iii) be obscene or contain illegal pornographic content, viruses or other computer program routines that are intended to damage, detrimentally interfere with or surreptitiously intercept our system data or the personal information of other 011now customers. You will not use the Services to send unsolicited "spam" or unauthorized e-mails or messages. If we have reason to believe that you are abusing the Services or using them fraudulently, unlawfully or in violation of the provisions set forth in this Agreement, we may, in our sole discretion, immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice. Additionally, you may be subject to civil liabilities and/or criminal penalties for such actions. We may from time to time discontinue certain Services, subject to applicable laws and regulations. We reserve the right, in our sole discretion and for any reason, to (i) suspend, restrict or terminate your Account and your access to the Services and/or (ii) refuse to allow you to recharge your prepaid Account without any prior notice. If we desire to terminate this Agreement or the provision of any Service to you, we will send you an e-mail to your registered e-mail address stating that this Agreement and the provision of the Services to you has been terminated.
G.4 Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE OR ANY MATERIALS CONTAINED ON THE WEBSITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE OR WEBSITE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE; PROVIDED , THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE OR WEBSITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT OUR PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S OR WEBSITE'S CONTENT WOULD BE A VIOLATION OF OUR PATENT, TRADEMARK, TRADE NAME, SERVICE MARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS AND THE TERMS AND CONDITIONS OF THIS AGREEMENT. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE OR ANY OF THE MATERIALS CONTAINED ON THE WEBSITE FOR SALE OR DISTRIBUTE SUCH INFORMATION OVER ANY OTHER MEDIUM, INCLUDING BUT NOT LIMITED TO, SATELLITE, OVER-THE-AIR OR CABLE TELEVISION, RADIO BROADCAST, A COMPUTER NETWORK OR LINKING, DEEP LINKING OR FRAMING ON THE INTERNET WITHOUT OUR PRIOR WRITTEN CONSENT. THE SERVICE, THE MATERIALS CONTAINED ON THE WEBSITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE (I) USED TO CONSTRUCT A DATABASE OF ANY KIND, (II) STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY, (III) USED TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE OR THE MATERIALS CONTAINED ON THE WEBSITE, OR (IV) USED IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR REGISTERED OR UNREGISTERED PATENTS, TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WITHOUT OUR PRIOR WRITTEN CONSENT, INCLUDING IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES, MARKS AND RIGHTS BELONG TO, OR ARE ASSOCIATED WITH, YOU OR ARE USED BY YOU OR ANY THIRD PARTY WITH OUR CONSENT, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP RIGHTS IN OR TO ANY OF THESE NAMES, MARKS AND RIGHTS. YOU WILL NOT USE THE SERVICE, THE MATERIALS CONTAINED ON THE WEBSITE OR THE INFORMATION CONTAINED THEREIN OR ANY OF OUR PATENTS, TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN UNSOLICITED MAILINGS, INCLUDING WITHOUT LIMITATION, ANY UNSOLICITED "SPAM" MAILINGS. YOU WILL NOT SEND UNSOLICITED MAILINGS ( E.G. , "SPAM") TO ANY PERSON OR ENTITY USING THE SERVICE OR THE WEBSITE. YOU AGREE TO COMPLY WITH ALL OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE WHICH ARE SET FORTH IN THIS AGREEMENT OR ON THE WEBSITE. WHEN USING ANY PATENTS, TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF 011now OR ANY OF ITS AFFILIATES WITH OUR EXPRESS WRITTEN CONSENT. USE OF SUCH MARKS, NAMES OR RIGHTS MUST BE IDENTIFIED AS PATENTS, TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS BELONGING EXCLUSIVELY TO 011now AND BE IDENTIFIED WITH THE APPROPRIATE SYMBOL ( E.G. , TM, SM OR ©, ETC.).
G.5 Outstanding Charges. In the event of suspension, restriction or cancellation of your Account, you will remain responsible for any outstanding charges that accrue through the date we effect the suspension, restriction or cancellation of your Account. You will remain obligated to pay all outstanding charges for the Services, including the payment of any unpaid bills that remain due, after the date of suspension, restriction or cancellation. Subject to Section I relating to the resolution of disputes, you must reimburse us for any reasonable costs we incur, including attorneys' fees and expenses, to collect outstanding charges owed by you to us. In the event we determine to reactivate your Account and your ability to use the Services, we may require that you prepay for a portion of the Services or pay a deposit and/or service restoration fee.
G.6 Prepayments. The following conditions will govern prepayments you make to your Account balance:
G.6.1 You may top up your Account balance at any time by recharging your account on our Website (www.011now.com).
G.6.2 Any prepayment will be charged to the credit, debit or charge card that you listed in your application for enrollment to use the 011now Service. We will provide you with an e-mail confirmation each time you make a prepayment that is credited to your Account balance at the e-mail address provided by you at the time of registration or as later modified.
G.6.3 Prepayments must be made in provided dollar denominations, with a minimum purchase of $5.00.
G.6.4 The prepayments credited to your Account do not expire so long as your Account remains active. However, in the event your Account expires in accordance with the terms and conditions of this Agreement, we will not be obligated to refund any balance remaining in your Account to you. See Section G of this Agreement relating to non-usage of the Services for further details.
G.6.5 Please note that unless we discontinue the Services while your Account is still active, we are under no obligation to make any refund of any prepayments you make to your Account balance under any circumstances. You are urged to only make prepayments to your Account if you believe that you will use such prepayments in the immediate future.
G.7 Cancellation. We will provide the Services to you until one or more of the following events occur:
G.7.1 You choose to close your Account by notifying us by e-mail (support@011now.com). We will then terminate access to your Account. You will not be entitled to any refund of any balance remaining in your Account as of the date you terminate your Account.
G.7.2 Your Account balance is depleted and you do not replenish your Account balance within the period described in Section G.2 of this Agreement.
G.7.3 We suspend or terminate your Account or your ability to replenish your Account balance as provided in Section G of this Agreement.
G.7.4 We discontinue the Services, in which event we will refund the unused balance in your Account to you.
G.7.5 We cancel or discontinue your Account for violation of the terms and conditions of this Agreement as otherwise specified herein.
H. Limitation of Liability, Disclaimer of Warranties and Indemnification.
H.1 Limitation of Liability. You are liable for all charges associated with the Services , even in the event that your personal Account details have been stolen or lost or you have granted a third party permission to use your Account. 011now SHALL MAKE REASONABLE EFFORTS TO PROVIDE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE SERVICES TO YOU, BUT THE LIABILITY OF 011now AND ITS AFFILIATES FOR FAILURE TO DO SO SHALL BE LIMITED TO A REFUND OF THE FEES PAID BY YOU FOR THE SERVICES FOR THE PERIOD OF INTERRUPTED OR ERRONEOUS SERVICE. 011now OR ANY OF ITS AFFILIATES will not be liable TO YOU OR ANY THIRD PARTY for ANY damages that exceed THE FEES PAID BY YOU FOR THE SERVICES FOR THE PERIOD OF INTERRUPTED OR ERRONEOUS SERVICE. Under no circumstances will 011now OR ANY OF ITS AFFILIATES be liable TO YOU OR ANY THIRD PARTY for any special, consequential, incidental, indirect, exemplary or punitive damages OF ANY KIND, including but not limited to, loss of profit, revenues OR BUSINESS OPPORTUNITiES, increased costs of operation, loss or corruption of INFORMATION OR data, delivery of any call, data or message even if such damages were foreseeable or we have been specifically advised of the possibility of such damages, and regardless of the style or grounds on which the claim is based ( i.e. , contract, tort, statute or otherwise), REGARDLESS OF THE CAUSE OF SUCH FAILURE TO PERFORM, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. In addition, NEITHER 011now NOR ANY OF ITS AFFILIATES will be liable T YOU OR ANY THIRD PARTY for (I) damages arising out of, or related in any way to, your inability or difficulty in accessing THE Services through the provided access numbers OR (II) any toll charges you may incur in using an access number. This Section H survives the termination of this Agreement. While we will attempt to provide you with THE Services, THIS AGREEMENT IN NO WAY PROVIDES YOU OR ANY THIRD PARTY WITH A guarantee that the Services will be CONTINUOUS, UNINTERRUPTED AND ERROR-FREE. We will seek to repair reported faults as soon as reasonably possible. WHILE 011now ATTEMPTS TO MONITOR AND MAINTAIN COMMERCIALLY REASONABLE SERVICE LEVELS BETWEEN IT AND THIRD PARTY PROVIDERS WHO SUPPORT THE SERVICES, 011now CANNOT ENSURE ACCEPTABLE SERVICE LEVELS FROM SUCH THIRD PARTY PROVIDERS. We shall not be responsible for the condition of content or information accessed while using THE Services, including without limitation, transmission failures caused by internet transmission interruptions or failures in accessing or attempting to access emergency services. THE PURPOSE OF THIS SECTION H.1 IS TO LIMIT 011now 'S AND ITS AFFILIATES' LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR THE PROVISION OF THE SERVICES.
H.2 DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICES, THE WEBSITE AND THE INFORMATION ON THE WEBSITE IS AT YOUR OWN RISK. 011now AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICES AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND/OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES AND/OR WEBSITE WILL BE CORRECTED. 011now AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES AND/OR WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SERVICES AND/OR WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SERVICES AND/OR WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA, 011now AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR SUCH COSTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 011now OR ITS AFFILIATES, THE CUSTOMER CARE CENTER OR THROUGH OR FROM THE SERVICES AND/OR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES, WEBSITE, THE CONTENTS THEREIN AND ANY RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, TECHNICAL COMPATIBILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
H.3 Indemnity. You hereby agree to indemnify, defend and hold harmless 011now and its affiliates, subsidiaries, officers, directors, employees, agents and advisors from and against any losses, liabilities, claims, demands, damages, costs, expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, attorney fees and costs (whether brought by third parties' or otherwise) (collectively, the "Claims") due to, or arising out of, your use of, or conduct on, the Services or Website, or any breach of the terms and conditions of this Agreement by you, including but not limited to, infringement of our intellectual property rights, defamation, breach of privacy, data and obscenity. In addition, you hereby agree to reimburse us for all costs and expenses, including attorneys' fees, related to the defense of any such Claim against us.
I. Resolution of Disputes.
I.1 Arbitration. This Section I provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. However, you will continue to have certain rights of relief as may be specifically provided by any applicable federal or state regulatory agency.
I.2 Dispute Resolution. If you have a dispute with 011now relating to any matter, you agree to first notify 011now's customer care department by e-mail (support@011now.com). In order for 011now to resolve your dispute, you must describe the dispute and provide supporting documentation. If after 011now reviewing such dispute and supporting documentation the parties are unable to resolve such dispute within 60 calendar days of our receipt of your notice of the dispute, either party may refer the dispute for arbitration in accordance with the terms set forth in this Section I.
Any controversy or claim arising out of THE terms and conditions OF this Agreement or applicable to the Services or Website will be settled by binding Arbitration in accordance with the Commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration process established by this Section I is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. You hereby agree that (i) all disputes, claims or controversies arising out of, or related to, this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory), including claims brought against 011now's employees, agents, affiliates or other representatives and claims arising after the termination of the provision of the Services to you must be resolved by final and binding arbitration in accordance with the provisions of this Section I, and (ii) you hereby waive all your rights to take such dispute or claim to any other judicial forum, including any dispute based on any product, Service, this Website or advertising relating to this Agreement.
I.3 Arbitration Procedures. Any dispute which arises in relation to this Agreement or the provision of the Services shall be resolved and finally settled through arbitration to be conducted in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes which are in effect on the date the dispute is submitted to the AAA, as modified by this Agreement. The arbitration will be conducted by a sole arbitrator, who is a practicing or retired judge. The arbitrator shall be selected by the AAA in accordance with its procedures. In conducting the arbitration and making any award, the arbitrator shall be bound by, and strictly enforce the terms of, this Agreement and may not limit, expand or otherwise modify its terms or conditions.
I.4 Disputes relating to the Services or the Website under this Agreement may not be joined with any other lawsuit or in an arbitration of 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 and may not award punitive damages or attorneys' fees unless such damages or fees are expressly authorized by statute or provided for in this Agreement. Both parties hereby waive any claims for an award of damages that are excluded under this Agreement.
I.5 Information on Arbitration and Filing Procedures. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA (www.adr.org). The arbitration will be based only on the written submissions and documents of the parties submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line or in-person procedures. Additional charges may apply for these additional procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. You may elect to relieve both parties to the arbitration of their respective obligations of confidentiality by notifying us within 20 days of commencement of an arbitration proceeding.
I.6 Arbitrator's Fees and Expenses. Every written request for arbitration to the AAA shall be accompanied by the AAA's filing fee and administrative expenses for document arbitration as required by the AAA's rules, except as stated herein. If you choose an arbitration process other than a document or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. If you desire a pro-bono arbitrator, you may request from the AAA the availability of such pro-bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA. Further information about the AAA's rules and policies is available at the AAA's website (www.adr.org). Each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence, unless applicable substantive law otherwise requires. The prevailing party may seek to recover the AAA's fees and the expenses of the arbitrator from the non-prevailing party. If 011now prevails before the arbitrator and shows that you acted in bad faith in bringing your claim, then it may seek to recover the AAA's fees and expenses of the arbitrator from you.
I.7 Survival. If any portion of this Section I is determined to be invalid or unenforceable, then the remainder of this Section I shall remain in full force and effect.
J. General.
J.1 Compliance with Laws. You agree to use the Services and the Website in a lawful manner and in compliance with all applicable federal, state and local laws and regulations and the terms and conditions of this Agreement. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately and without notice, terminate or otherwise discontinue your Account in the event we find that you have violated any such term, condition, law or regulation.
J.2 Privacy. 011now's "Privacy Policy" governing your personal information that 011now obtains during the provision of the Services to you can be found at www.011now.com
J.3 Customer Proprietary Network Information ("CPNI"). CPNI is information that pertains to telecommunications services you buy from 011now , including the types of services, how much you use them, how they are provided and related calling and billing records. Under U.S. federal law, you have a right, and 011now has a duty, to protect the confidentiality of CPNI. CPNI will not include your name, address and telephone number. By providing your consent below, you authorize 011now to share your CPNI, along with your name and contact information, with its affiliates and/or to use it to provide you with information about the Services as well as new and different communications-related products and services offered by 011now or its affiliates. Unless required or permitted by law, 011now will not share your CPNI with any third party and will not use your CPNI for other purposes. If at any time you wish to withdraw your authorization for 011now to share your CPNI, you can do so by contacting our customer care center by e-mail (support@011now.com). Your approval of our sharing such CPNI is valid until you affirmatively withdraw it. Your current decision to grant or withhold approval or your decision to withdraw your approval in the future will not affect the Services that 011now provides to you or the manner in which such Services are provided. In order to better serve you in the most effective and efficient manner, we may use or share your information on a limited basis with our affiliates, agents or contractors.
By clicking here, you acknowledge that you have read the notice above and you authorize the use and/or disclosure of your CPNI by 011now to provide you with information about the Services as well as new and different communications-related products and services offered by 011now or its affiliates.
J.4 Access to Third-Party Vendors. We may offer you the ability to purchase various products or services from third-party vendors by accessing such vendors directly through the Website. You hereby agree that we will not be responsible for the content of any linked website, the products or services offered through such websites, any link to other websites contained in a linked website or any changes or updates to such websites. While we may provide these links to you only as a convenience, the inclusion of any link does not imply an endorsement, guarantee or warranty (either expressed or implied) by us of such third-party websites or the products or services offered through such websites. In no event shall we be liable for damages arising out of, or in any way related to, products, services or information offered or provided by any third-party accessed through the Website or by any other means.
J.5 Force Majeure. Neither party shall be liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including without limitation, acts of God, fire, strikes, explosions, power failures, earthquakes, floods, labor disputes, acts of terrorism, acts or omissions of carriers or suppliers, breakdowns of communications, changes of law, meteor strikes, system failures and acts of regulatory or governmental agencies. Notwithstanding the immediately preceding sentence, no delay, failure in performance, loss or damage due to causes beyond our reasonable control will relieve your obligation to pay for the Services provided under this Agreement.
J.6 Intellectual Property. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of 011now, including but not limited to, "011now" and "011now.com" (collectively, the "Marks") are and shall remain the exclusive property of 011now. Nothing in this Agreement shall grant you the license to use such Marks without our prior written consent. All intellectual property rights, including without limitation, copyrights in the Services and the content of the Website, belong to us or our licensor. You shall not receive any right, license or permission to use, or manipulate or reproduce any of our trade marks, copyrights, Website content or other intellectual property rights without our prior written consent.
J.7 E-Mail Communications. You hereby consent to the receipt of e-mails from 011now. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and services which may be of interest to you. In the event you do not wish to receive any such e-mails in the future about additional products or services, you may contact us either by e-mail (support@011now.com). However, we reserve the right to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
J.8 Agents and Resellers. We do not permit the sale of the Services through any agent or re-seller who has not been specifically authorized by 011now. You are urged to contact us immediately in the event an agent or re-seller contacts you in order to confirm whether such agent or re-seller is authorized by 011now. We will not be liable for any representation by any agent or re-seller, regardless of whether such agent or re-seller is authorized by 011now.
J.9 Assignment. The Services are provided by us exclusively to you. You shall not assign your rights and duties under this Agreement without our prior written consent. Notwithstanding the immediately preceding sentence:
J.9.1 We may assign all or part of our rights and duties under this Agreement to any third party at any time without notice to you. In the event we assign all or part of our rights and duties under this Agreement to a third party, we will have no further obligation to you in connection with any such assigned duties; and
J.9.2 You may transfer prepaid Services which you have purchased from 011now to other existing 011now customers, whether or not for value; provided , that (i) any such transfers by you shall not exceed $[amount that might reasonably be expected to be actually used by one human being within one month] of prepaid Services in any thirty calendar day period (the "Transfer Limit"), and (ii) any transfers of prepaid services in excess of the Transfer Limit or for value in excess of the original purchase price paid by you for such prepaid Services will require the express written consent of 011now.
J.10 Governing Law; Jurisdiction. This Agreement and the arbitration provision in Section I are governed by the Federal Communications Act and the FAA to the fullest extent applicable, and otherwise by the law of the State of Illinois, without regard to its choice of law rules. This governing law provision will apply no matter where you reside, or where you use or pay for the Services.
J.11 Waiver & Severability. Failure by either party to enforce compliance with any term or condition of this Agreement will not constitute a waiver of such term or condition or the right to subsequently enforce such term or condition in the future. If any portion of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
J.12 Headings. The section titles in this Agreement are used solely for convenience and have no legal or contractual significance.
J.13 Entire Agreement. This Agreement, including any amendments hereto, shall constitute the entire agreement between the parties with respect to the Services provided under this Agreement, and supersedes all prior agreements, representations or warranties, whether electronic, written or oral. You hereby acknowledge and agree that you are not relying on any representation or statement, express or implied, by us that is not included in this Agreement.