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1. EMERGENCY SERVICES - 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service.
911 CALLS ARE ONLY AVAILABLE FOR RESIDENTIAL CUSTOMERS WITHOUT PBX FUNCTONALITY.
Entervox offers a form of 911 service (911 Dialing) that is similar to
traditional 911 service but has some important differences and limitations when
compared with enhanced 911 service (E911) available in most locations in
conjunction with traditional telephone service. With both traditional 911 and
E911 service, your call is sent directly to the nearest emergency response
centre. In addition, with E911 service, your call back number and address are
visible to the emergency response centre call-taker. With Entervox 911 service,
your call is sent to a national emergency call centre. The call centre operator
will request or confirm your location information and then transfer your 911
call to the emergency response centre nearest your location. You should be
prepared to provide or confirm your address and call-back number with the
operator. If you use a WiFi, Entervox SoftPhone,
your 911 calls will be routed to the national emergency response centre,
however, emergency personnel do not receive your phone number or physical
location information. Do not hang up unless told directly to do so and if
disconnected, you should dial 911 again.
1.2
Registration of Physical Location Required.
You should ensure
your location information, when registered with Entervox, is kept current at all
times. In case you are not able to speak during the 911 call, the call taker
would dispatch emergency response vehicles to your last registered address. You
need to update your 911 Dialing information if you move your device to a
different location and/or if you add a new line to your account. Regardless of
what address you register for a WiFi, Entervox SoftPhone,
the national emergency response centre does not receive your phone number or
physical location information when you place a 911 call. Your 911 Dialing
service is activated when you subscribe to Entervox service.
1.3
Service Outages.
911 Dialing service will not function in the
event of a power or broadband outage or if your broadband, ISP or Entervox
service is suspended or disconnected. Following a power failure or disruption,
you may need to reset or reconfigure your Device prior to utilizing the service,
including 911 Dialing.
1.4
Re-Registration Required if You Change Your Number or Add or Port New Numbers.
You must successfully register your location of use for each changed, newly
added or newly ported number in order for 911 Dialing to function as intended.
Regardless of what address you register for a WiFi, Entervox
SoftPhone, the national emergency
response centre does not receive your phone number or physical location
information when you place a 911 call.
1.5 Network Congestion; Reduced Speed for Routing or Answering 911
Dialing Calls.
There may be a greater possibility of network
congestion and/or reduced speed in the routing of a 911 Dialing call made
utilizing the Service as compared to traditional 911 Dialing over traditional
public telephone networks.
1.6
Conveying Limitations to other household residents and guests.
You should inform any household residents, guests and other persons who may be
present at the physical location where you utilize the Entervox service, of the
important differences in and limitations of VoIP 911 Dialing service as compared
with E911 service, as set out above.
1.7
Disclaimer of Liability and Indemnification.
We do not have any
control over whether, or the manner in which, calls using our 911 Dialing
service are answered or addressed by any local emergency response centre. We
disclaim all responsibility for the conduct of local emergency response centers
and the national emergency calling centre. We rely on third parties to assist us
in routing 911 Dialing calls to local emergency response centers and to a
national emergency calling centre. We disclaim any and all liability or
responsibility in the event such third party data used to route calls is
incorrect or yields an erroneous result. Neither Entervox nor its officers or
employees may be held liable for any claim, damage, or loss, and you hereby
waive any and all such claims or causes of action, arising from or relating to
our 911 Dialing service unless such claims or causes of action arose from our
gross negligence, recklessness or willful misconduct. You shall defend,
indemnify, and hold harmless Entervox, its officers, directors, employees,
affiliates and agents and any other service provider who furnishes services to
you in connection the Service, from any and all claims, losses, damages, fines,
penalties, costs and expenses (including, without limitation, legal fees and
expenses) by, or on behalf of, you or any third party relating to the absence,
failure or outage of the Service, including 911 Dialing, incorrectly routed 911
Dialing calls, and/or the inability of any user of the Service to be able to use
911 Dialing or access emergency service personnel.
1.8
Alternate 911 Arrangements.
If you are not comfortable with the
limitations of the 911 Dialing service, you should consider having an alternate
means of accessing traditional 911 or E911 services or disconnecting the
Service.
2.Upon signing
up for the Service.
you agree to provide true, accurate, current and complete
name, contact information, Registered Location, and other data to Entervox and
at subsequent times as requested by Entervox. If you provide information that
is, or that Entervox suspects to be, false, inaccurate, not current or
incomplete, Entervox has the right to suspend or terminate the Services and
refuse any and all current or future use of all Services, or any portion
thereof. At all times, you shall maintain and promptly update registration data
as applicable.
Upon completion of all registration information and acceptance of this TERMS OF
USE , Entervox will provide you with a password, user ID, and when applicable, a
PIN and telephone number. You are solely responsible for maintaining the
confidentiality of your password and PIN, and, at all times, you will be solely
responsible for all transactions and activities that occur as a result of your
disclosure of such password and/or PIN, even if such transactions and/or
activities were not authorized by you. You shall at all times be responsible and
liable for any transactions or activities that occur on your Account. You shall
immediately notify Entervox if any unauthorized use of your Account has occurred
or of any other breach of security. In no event shall Entervox be liable for any
unauthorized activities with your Account.
3. CUSTOMER REPRESENTATIONS.
You represent and warrant that you are at least 18 years of age or, as
applicable, the age of majority in the country, state or province in which you
reside, and that you possess the legal right and ability to enter into this
TERMS OF USE . You represent and warrant that your name, user name, contact
information and Registered Location are true and correct. You agree to be
financially responsible for your use of the Services (as well as for use of your
account by others, including minors living with you). In order to use the
Service, you agree, at your sole expense: to (1) provide and be responsible for
payment for all equipment necessary to establish a connection to the Internet
and/or to the Publicly Switched Telephone Network ("PSTN"), as may be required
to use the Service; (2) provide for access to the Internet and/or PSTN and pay
any Internet connection service fees associated with such access; (3) supply and
pay for all phone service features required for your use of the Service; and (4)
pay us for the Service.
4. AUTHORIZED USES; PROHIBITED USES.
You agree to use the Service only for lawful purposes and that you shall not, at
any time, use the Service for any unlawful or abusive purpose or in any way
which interferes with our ability to provide Service to other customers,
prevents or restricts other customers from using the Service, or damages any
Entervox or other customer's property. Specifically, you agree to each of the
following:
- You agree not
use the Service for illegal purposes.
- You shall be
solely liable for any transmissions sent through the Service. Entervox simply
acts as a passive conduit for you to send and receive communications and
information of your own choosing and Entervox has no control over the content of
any transmission nor will it be liable for such content.
- Entervox has
the right to restrict termination to any telephone numbers in its sole
discretion. These may include, but are not limited to certain geographic
locations, special services numbers, satellite telephony services, and other
call forwarding services.
- You shall not
use the Services to create or distribute any images, sounds, messages or other
materials which are obscene, harassing, racist, malicious, fraudulent,
infringing or libelous, nor use the Services for any activity that may be
considered unethical, immoral, violative of any third party's rights, or
illegal.
- You will abide
by all rules, regulations, procedures and policies of Entervox and any policies
of all third-parties' networks connected to the Services and you shall not
interfere with or disrupt such networks.
- You shall not
attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any
other means:
- You shall not
interfere with another customer's or third-party’s use and enjoyment of the
Service or use the Service in any manner which disrupts, prevents or restricts
any other customer from using the Service.
Your use of the Service is subject to all applicable
local, state, national and international laws and regulations (including without
limitation those governing account collection, export control, consumer
protection, unfair competition, anti-discrimination, securities laws and false
advertising). You are solely responsible for all acts or omissions that occur
under your account or password, including the content of your transmissions
through the Service. By way of example, and not as a limitation, you agree not
to:
- Use the
Service in violation of any Canada and US law regarding the transmission of
technical data exported from the Canada and United States.
- Use the
Service in connection with chain letters, junk email, voice mail, faxes,
spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Harvest or
otherwise collect information about others, including email addresses, without
their consent.
- Transmit any
material that contains viruses, time bombs, trojan horses, worms, or any other
programs that may be harmful or dangerous.
- Create a false
identity (i.e., "ID Spoofing") or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or the origin of the
message.
- Transmit any
material that may infringe the intellectual property rights or other rights of
third parties, including trademarks, copyrights or moral / publicity rights.
- Violate any
Canada and U.S. or foreign law regarding the transmission of technical data or
software exported through the Service;
Please be aware that, in accordance with the Digital
Millennium Copyright Act, it is the policy of Entervox to terminate, in
appropriate circumstances, the Service of any user who is a repeat infringer of
the copyrights of third-parties. However, Entervox reserves the right to
terminate or suspend your rights to use the Service for only a single
infringement, and may or may not, in Entervox sole discretion, attempt to
contact you prior to such termination or suspension.
5. Entervox PROPRIETARY RIGHTS.
Entervox owns and shall at all times retain sole and exclusive right, title and
interest to the Service, including all copyrights, trademarks, patents and all
other intellectual property rights thereto, including without limitation with
respect to all technology, telephone numbers and facsimile numbers used in
connection with or provided as part of the Services. All rights not expressly
granted under this TERMS OF USE are retained by Entervox. Any new features
provided by Entervox that augment or enhance the current Services shall also
constitute "Services" and shall be subject to these terms and conditions.
You may not, and shall not allow any third party to, copy, distribute, sell,
resell, license, sub-license, reproduce, disclose, lend, transfer, convey,
modify, decompile, disassemble or reverse engineer the Services and/or any of
Entervox technology or software for any purpose whatsoever. You also shall not
allow any third party to access the Services for any purpose whatsoever.
6. CHARGES, PLAN CREDITS AND CHARGEBACKS Generally. You are responsible for paying all charges for your Account,
including but not limited to, toll-free, local, long distance and directory
assistance charges and for all taxes and surcharges imposed on you or us as a
result of your use of the Service. Customers with past due balance on previous
or multiple accounts will be charged the full balance upon opening a new account
or updating their credit card on file. Entervox also reserves the right to
charge termination and transfer fees consistent with each plan's terms and
conditions. Further, upon termination of your Account for any reason, all unused
credits or pre-paid minutes shall expire in their entirety and no refund or
pro-ration shall be made for any unused credits or minutes.
Plan Credits. Entervox offers several different Service plans. Some of
the plans provide for a fixed number of monthly credits. Credits may be used for
domestic, international or VoIP calling and faxing. However, all credits are
quoted for domestic minute usage and, if credits are used for international or
VoIP calling, you may be charged at additional rates. Further, if you purchase
additional credits and use them for international or VoIP calling, additional
charges may apply. Further, international rates are subject to change without
notice. You are advised to refer to your specific Service plan details regarding
all domestic, international and VoIP charges and all other terms and conditions
of your Service plan.
Credits, bonus minutes and other promotional incentives and the like have no
monetary value. All credits, bonus minutes and other promotional incentives are
personal to you and your Account and may not be sold, transferred, assigned or
used by another user or with another user’s Account.
Chargeback’s. Entervox strongly discourages the use of chargeback’s. If
you believe your Account has been created fraudulently or in error, you must
follow the following procedures no later than 3 days after you first discover
the Account was fraudulently or erroneously created: (1) you must contact via
email our customer support department at
support@Entervox.com. The subject line of the email must state "Chargeback" and you must provide
the following information in the email: (a) your name, contact information, and
the Entervox Account telephone number in question, (b) the date that the Account
in question was created, (c) the credit card account number used to open the
Account, and (d) the total amount charged to the Account. Our customer support
representatives will contact you to attempt to resolve the matter; and (2) if
you are not able to resolve the matter with our customer support group, you must
then contact our legal department via email at
support@Entervox.com
to try to resolve the matter. If you take any action to reverse your Account
charges with your credit card company without first following both of the
procedures set forth herein, we reserve the right to take legal action against
you for damages, including, among other things, fraud.
7. BILLING AND PAYMENT.
Any applicable initiation charges, usage and monthly recurring charges and fees
are billed in full in advance. Termination and transfer charges are billed in
arrears. Upon termination of your Account for any reason, all unused credits,
pre-paid minutes and credits shall expire in their entirety and no refund or
pro-ration shall be made for any unused or credits, minutes or any remaining
periods/months on a pre-paid Service plan.
Billing cycle end dates may change from time to time. When a billing cycle
covers less than or more than a full month, we may make reasonable adjustments
and prorations. For credit card payments, no additional notice or consent will
be required for billings to that credit card or Account. You will advise us of
any changes to your credit card Account, such as credit card account number or
expiration date changes. Time is of the essence for payment. Therefore, you
agree to pay us interest at the lesser of (a) 19% per annum or (b) the highest
amount allowed by law for any amounts unpaid as of the due date. Acceptance of
late or partial payments (even if marked "Paid in Full") shall not waive any of
our rights to collect the full amount due under this TERMS OF USE . We may
assess an additional fee of forty dollars ($40) for any check returned for
nonpayment. Notice of any disputes must be in writing and received by us at our
then-current principal business address (Attn: Accounting) as provided on our
website within thirty (30) days after the invoice date or you will waive any
objection.
If you are a VoIP subscriber and/or you have purchased any hardware from us and
your Account is terminated for any reason after the end of any free-trial period
and prior to the end of your first year of service, you hereby authorize us to
immediately bill your credit card the full list-price of the hardware (if the
hardware was provided for free) or for the balance of the list-price of the
hardware (if the hardware was sold to you at a discounted price) if such
hardware is not returned to and received by Entervox in good working condition
within 21 days of cancellation or disconnection.
8. FAIR USE.
Your use of any and all of the Services is subject to fair and reasonable use.
The Company considers fair use of the Service to be, for each paid Service plan,
one hundred forty-percent (140%) of average monthly customer usage for all such
plan customers and, for all free plans or trials, forty percent (40%) of the
average monthly customer usage for the lowest / least expensive paid Service
plan customers. Entervox reserves the right to immediately disconnect, suspend
or modify your Service if Entervox determines, in its sole discretion, that your
use of the Service violates this fair use policy.
9. LICENSE RIGHTS.
Entervox voice-over-internet protocol service (“VoIP”) is one of the Entervox
Services. If you subscribe for Entervox VoIP, Entervox hereby grants you a
worldwide, non-exclusive, non-transferable, revocable license and right to
install one VoIP line per computer processing unit for use with one user. For
clarification, while you are permitted to register more than one VoIP lines on
one Entervox Online account, the rule is one (1) user – one VoIP line (i.e.,
only one user is permitted to use a VoIP line). If you want to allow multiple
users to use VoIP, you will need to purchase a separate VoIP line for each user.
10. NUMBER OWNERSHIP.
You understand and agree that you are not the owner of any toll-free or local
telephone number or facsimile number assigned to you by Entervox. Ownership of
all phone numbers and facsimile numbers is vested solely in Entervox (who will
assign or re-assign such numbers to you for your use during the term of this
TERMS OF USE ). You understand and agree that (a) Entervox may from time to time
need to change the telephone or facsimile number assigned to you (due to an area
code split or for any other reason) and (b) following the termination of your
Entervox Account for any reason, you will no longer have access to or use of
such telephone or facsimile number. In either case, such telephone phone and/or
facsimile number may be re-assigned immediately to another customer and you
agree that Entervox will not be liable for any damages (including consequential
or special damages) arising out of any such re-assignment. You hereby waive any
claims with respect to any such telephone or facsimile number re-assignment,
whether based on contract, tort or other grounds, even if you have advised
Entervox of the possibility of any such damages. Prior to termination of your
Account, and provided you are a customer in good standing, you may request in
writing that Entervox transfer your toll-free number assigned to your Account to
another carrier. Entervox may approve or deny such transfer request in its sole
discretion. If such transfer request is granted, a $90.00 transfer-service fee
shall apply.
Number Transfer or "Port" on Service Disconnection.
(a) Single line Accounts. You may be able to take, or "port," your current number to another service
provider. If you ask your new service provider to port a number from us, and we
receive your request from the new service provider, we will terminate our
service for that number shortly after notification to Entervox by the relevant
carrier(s) of the successful completion of the port. Once your service is
terminated and the port is completed, you will remain responsible for all
charges and fees through the end of that billing cycle, including any
cancellation fees. If a port is unsuccessful for any reason, your service and
your agreement with us will not terminate, you will remain a Entervox customer,
and you will continue to be responsible for all charges and fees associated with
your Entervox service.
(b) Multiple-line Accounts. If you request your new service provider to port a number from us and you have
multiple numbers assigned to your account and/or additional devices such as the
WiFi or Softphone on your account, you are required to inform us of your intent
to terminate all the services on your account, prior to the successful
completion of the requested port or we will select the most appropriate billing
plan for any remaining numbers and/or devices on your Entervox account, and you
will continue to be responsible for all the charges and fees associated with the
remaining services on your Entervox account. Once the port of the requested
number is completed, you will remain responsible for all charges and fees
through the end of that billing cycle, including any cancellation fees
applicable to the ported number.
11. VOICEMAIL, BROADCASTING AND FAX SERVICES.
Storage. Entervox is not obligated to store your voicemails,
sent/received calls and/or faxes and does so only as a convenience to you. You
agree that Entervox has no responsibility or liability whatsoever for the
deletion or failure to store any voicemail or fax messages, any call-log
information and/or other communications maintained or transmitted by the
Services.
Unsolicited Advertisement Policy. The transmission of unsolicited
calls, using the Service for broadcasting, or transmitting unsolicited fax
advertisements is illegal under federal law, including the Federal Telephone
Consumer Protection Act and a number of similar laws. Distribution of
unsolicited voicemail, broadcast and fax advertisements through the Services is
prohibited. You shall not use the Service to send or transmit any unsolicited
communications or advertisements and understand that, if you do, Entervox may
immediately terminate your right to use the Services without any liability of
any kind.
At Entervox option and without further notice, Entervox may use technologies and
procedures, such as filters, that may terminate such unsolicited advertisements
without delivering them. If you believe that you are in receipt of an
unsolicited advertisement and the solicitation contains a telephone number, fax
number, or other contact information to "unsubscribe" from receipt of additional
unsolicited communications and junk faxes, you are required to unsubscribe. You
hereby release and agree to hold harmless Entervox from and against any damages
or liabilities of any kind related to any voicemail, broadcast and/or fax spam
or solicitations that you may send and/or receive using the Services. You
further agree that you are not permitted to "opt in" to receive any voicemail,
broadcast or fax advertisements on your Account other than Entervox
solicitations.
12. Internet connection failure. If the
connection to the Internet over which your Entervox VoIP is provided were
interrupted, you would not have access to Entervox VoIP during that interruption
and therefore would not have access to 911 service during that interruption.
- Relocation of
your PC, IP Phone, or ATA.If you relocate the equipment (PC with softphone, IP phone, or ATA with
traditional phone) that you use to access your Entervox VoIP, you must update
your Registered Location. If you do not update your Registered Location, any 911
call you make using Entervox VoIP will be routed based on your previously
provided Registered Location and therefore may not be routed to the appropriate
PSAP for your current location. In addition, because Entervox will, where
possible, automatically transmit your Registered Location to the PSAP, you must
update your Registered Location to ensure that Entervox transmits accurate
location information to the PSAP. Once you notify us of a change in your
Registered Location, there may be a delay in making the new Registered Location
available to properly route 911 calls and to advise PSAPs of your Registered
Location.
- Loss of
Electrical Power.Unless you have a backup system to power your Internet
connection and any equipment (PC with softphone, IP phone, or ATA with
traditional phone) that you use to access your Entervox VoIP, you will not have
phone service or 911 service during any power outage.
Alternative
Arrangements. You understand that additional arrangements should be
made to access Emergency Services. To access Emergency Services, you acknowledge
and accept that it is your sole responsibility to purchase, with a third-party
separately from Entervox, traditional wireless or wireline telephone service
that offers access to Emergency Services. You further recognize that Entervox is
not a replacement for Your primary telephone service and you are hereby advised
to maintain a traditional wireline or wire-based telephone service at all times.
By agreeing to these terms of service and by your use of Entervox VoIP, you
acknowledge and accept that Entervox VoIP may not support or provide Emergency
Service at all times. You represent and warrant to the Company that you already
have made additional arrangements with a third party to access Emergency
Service.
Notify All Users. You should inform all household residents,
guests and other third persons who may be present at the physical location where
you utilize the Service of the important differences in and limitations of
Entervox VoIP 911 Dialing as compared with basic 911 or E911.
No 0+ or Operator Assisted Calling; May Not Support x11 Calling.
The VoIP Service does not support 0+ or operator assisted calling (including,
without limitation, collect calls, third party billing calls, 900 or calling
card calls). The VoIP Service may not support 311, 511 and/or other x11 (other
than certain specified dialing such as 911 and 411, which are provided for
elsewhere in this TERMS OF USE ) services in one or more (or all) service areas.
* Section 12 is only applicable to you if you have subscribed for VoIP Service.
13. RECORDING CONVERSATIONS.
Entervox provides a function that allows you to record individual telephone
conversations. The laws regarding the notice and notification requirements of
such recorded conversations vary by state to state. You are solely responsible
for complying with all federal and local laws in the relevant jurisdiction when
using this feature. Entervox expressly disclaims all liability with respect to
your recording of telephone conversations. You hereby release and agree to hold
harmless Entervox from and against any damages or liabilities of any kind
related to the recording of any telephone conversations using the Services.
14. INTERNATIONAL USE.
Entervox makes no representation that materials on its web site(s) are
appropriate or available for use in locations outside Canada, and accessing them
from territories where their contents are illegal is prohibited. You agree to
comply with all applicable foreign and domestic laws, rules and regulations
regarding the transmission of technical data exported from or imported to Canada
or the country in which you reside. You hereby release and agree to hold
harmless Entervox from and against any damages or liabilities of any kind
related to your violation of any Canada and international laws, rules and
regulations in connection with your use of the Services.
15. TERMINATION.
- Entervox
reserves the right to immediately disconnect or modify your Service if Entervox
determines, in its sole discretion, that your use of the Service is or at any
time did violate this TERMS OF USE .
- To maintain or
improve the Services, to prevent fraud, or for any other reason determined by
Entervox, its sole discretion, Entervox may restrict, suspend, terminate or
modify your Service with or without notice.
- Upon any
termination in accordance with the foregoing, Entervox may immediately
deactivate or delete your Account and all related information and files in your
Account, reassign any telephone numbers associated with the account, and/or bar
any further access to such files, information, or the Services.
- Entervox shall
not be liable to you or any third party for any reason for terminating your use
or access to Services.
- Outbound
calling credit purchased by you will remain effective and shall not expire for
as long as your Account is active and in good standing, as determined by
Entervox in its sole discretion.
- If you or
Entervox terminates your right to use the Service, you shall not be entitled to
any refund or pro ration of any pre-paid amounts or credits.
16. WARRANTY DISCLAIMER.
- THE SERVICES
PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND Entervox MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE
CANADA OR ANY PROVINCE THEREOF. Entervox MAKES NO REPRESENTATIONS OR WARRANTIES
THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR
INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF
THE SERVICES SHALL BE BORNE SOLELY BY YOU.
- Entervox MAKES
NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE
QUALITY OF VOICE OR FAX COMMUNICATIONS OR THE USE OF THE CALL CONTROLLER
SOFTWARE.
- Entervox MAKES
NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE
SERVICES WILL BE CORRECTED. Entervox IS NOT RESPONSIBLE FOR MESSAGES OR
INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE
SERVICES OR THE INTERNET IN GENERAL.
- Entervox DOES
NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF
THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR
ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE
SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND Entervox WILL NOT BE LIABLE OR
RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.
- NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Entervox, IT'S
EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
- ALTHOUGH EVERY
EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE,
Entervox MAKES NO GUARANTEES OF SECURITY.
- SOME
JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO
CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU
17. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Entervox BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY
OF LIABILITY. Entervox TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF
THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE
MONTHLY FEES Entervox CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO
THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE
LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE
LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL
CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY,
SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
18. INDEMNIFICATION.
You shall indemnify and hold harmless Entervox, its directors, officers,
employees, shareholders, and agents from and against all liabilities, losses,
costs, expenses (including reasonable attorneys' fees), and damages resulting
from any negligent acts, omissions or willful misconduct by you, your use of the
Services and/or any breach of the terms and conditions of this TERMS OF USE
by you.
19. PRIVACY.
Please click here to view our Privacy Policy.
20. FUTURE CHANGES TO THIS AGREEMENT.
We may change the terms and conditions of this TERMS OF USE from time to time
upon delivery of electronic mail notice to you. Notices will be considered given
and effective on the date sent to your registered electronic mail address. Such
changes will become binding on you on the day immediately following the date the
notice is emailed to you if you continue to use the Services. If you do not
agree to the modifications, your only recourse is to terminate the Services. The
modified TERMS OF USE shall supersede all previously agreed to electronic and
written terms of service, as well as any prior versions of this TERMS OF USE .
You agree that you are solely responsible for (i) making sure that your
registered email account is current and functional, (ii) checking your
registered electronic mail on a daily-basis, and (iii) making sure that Entervox
communications are not blocked or rendered undeliverable by you, your computer,
any software installed on your computer, your Internet service provider or for
any other reason.
21. FORCE MAJEURE.
Entervox shall be excused from any delay or failure in performance hereunder,
other than the payment of monies, caused by reason of occurrence or contingency
beyond its reasonable control, including without limitation, acts of God,
earthquake, fire, flooding, riots, war or government requirements.
22. NOTICES.
Notices to you shall be effective when sent by email to the email address
provided to us or, at our option, 3 days following the date deposited in the
Mail (via regular mail) addressed to your address as kept in our files. You are
responsible for notifying us of any changes in your address. Written notice to
us shall be effective when directed to our Legal Department and received at our
then-current address as posted on our website. Your notice must specify your
name and Account. Oral notices are not valid or effective for any purposes
whatsoever.
23. GENERAL INFORMATION.
THE LAWS OF THE Ontario, Canada. EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN
THIS AGREEMENT AND YOUR USE OF THE Entervox SERVICES, AND YOU EXPRESSLY AGREE
THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF
THE Entervox SERVICES RESIDES IN THE PROVINCE AND FEDERAL COURTS OF THE ONTARIO,
CANADA. VENUE FOR ALL CLAIMS AND DISPUTES BETWEEN YOU AND Entervox SHALL BE THE
COUNTY OF CANADA, PROVINCE OF ONTARIO. YOU HEREBY CONSENT TO VENUE AND PERSONAL
JURISDICTION IN SUCH COURTS WITH RESPECT TO ALL SUCH CLAIMS OR DISPUTES AND
IRREVOCABLY WAIVE ANY RIGHT THAT SUCH PARTY MAY HAVE TO ASSERT THE SUCH FORUM IS
NOT CONVENIENT OR THAT ANY SUCH COURT LACKS JURISDICTION.
- In the event
that any action is filed to interpret or enforce this TERMS OF USE , the most
prevailing party shall be entitled to recover its costs, including expert
witness fees and reasonable attorneys' fees.
- If any part of
this TERMS OF USE is held invalid or unenforceable, that portion shall be
construed to reflect the parties' original intent, and the remaining portions
shall remain in full force and effect.
- You hereby
consent to Entervox publicizing the existence of the relationship contemplated
hereunder as a part of Entervox promotional and marketing activities from time
to time.
- This TERMS OF
USE constitutes the entire agreement
between Entervox and you with respect to your use of Entervox services and your
Entervox account, and it supersedes all prior or contemporaneous communications
and proposal, whether oral or written, between Entervox and you with respect
thereto.
- The failure of
Entervox to exercise or enforce any right or provision of this TERMS OF USE
shall not constitute a waiver of such
right or provision.
- You agree and
acknowledge that any breach of the provisions regarding ownership contained in
this TERMS OF USE shall cause Entervox irreparable harm and Entervox may obtain
injunctive relief as well as seek all other remedies available in law and in
equity.
- You may not
transfer or assign this TERMS OF USE or
any of your rights under this TERMS OF USE . Any purported transfer or
assignment in violation of this section is void. Subject to the foregoing, this
TERMS OF USE shall be binding on and inure to the benefit of the parties, their
successors, permitted assigns and legal representatives.
- The provisions
of this TERMS OF USE relating to intellectual property ownership, restrictions
on use or disclosure of the Services, disclaimers of warranties, limitations of
liability and indemnification shall survive termination or expiration of this
TERMS OF USE for any reason.
- The section
titles in this TERMS OF USE are for convenience only and have no legal or
contractual effect
- You hereby
authorize Entervox to use, transmit, publicize, post on its website or in any
other media or publications or otherwise use, for commercial or non-commercial
purposes, any communications, messages, statements, testimonials or other
information that you make, deliver and/or provide to or about Entervox or the
Services.
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