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KEY FEATURES
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TERMS OF USE

This Terms of Use constitutes an agreement between Entervox Telecom Inc, an Onatrio corporation ("Entervox ", "we" or "us"), and the end-user customer ("Customer", "you" or "user") for all of Entervox telecommunication services ("Service" or "Services") relating to your assigned PBX,toll free and/or local number account ("Account"). This terms of Use covers and applies to all of Entervox service plans. If you do not or are not willing to be bound in its entirety by these terms and conditions of service, do not check mark the box "I Agree to the Terms of Use" box.

As used herein, "Entervox" means Entervox Telecom Inc., a Ontario corporation, and each of its subsidiaries and each of its and their officers, directors, employees, shareholders and affiliates.


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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