NUMBR,LLC TERMS OF SERVICE
These Terms of Service constitute the agreement
("Agreement") between Numbr.com. ("we",
"us", "Numbr" or "Numbr.com" or "Numbr, LLC") and the user ("you",
"user" or "Customer") of Numbr.com's communications
services and any related products or services ("Service"). BY USING THE
SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT
AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
1.0 EMERGENCY SERVICES - 911 DIALING
You acknowledge and understand that Numbr.com
does NOT currently allow you to access any 911 or similar emergency services
(no traditional 911, E911, or similar access to emergency services). You should
always have an alternative means of accessing 911 or similar emergency
services. Please inform others who use your Numbr.com service that they must
access these numbers directly through a traditional landline or mobile phone.
Numbr.com is not intended to replace your primary phone service, such as
traditional landline or mobile phone.
2.0 Prohibited Uses.
2.1 Unlawful.
You shall use the Service only for lawful purposes. We reserve
the right to immediately discontinue your Service without notice, if, in our
sole and absolute discretion, we determine that you have used the Service for
an unlawful purpose. If we believe that you have used the Service for an
unlawful purpose, we may forward the relevant communication and other
information, including your identity, to the appropriate authorities for investigation
and prosecution. You hereby consent to our forwarding of any such
communications and information to these authorities. In addition, Numbr.com
will provide information in response to law enforcement requests, lawful
government requests, subpoenas, court orders, to protect it's rights and
property and in the case where failure to disclose the information may lead to
imminent harm to the users or others.
2.2 Inappropriate Conduct. You
shall not use the Service in any way that is threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or
any similar behavior. We reserve the right to immediately discontinue your
Service without notice, if, in our sole and absolute discretion, we determine
that you have used the Service in any of the aforementioned ways. If we believe
that you have used the Service in any of the aforementioned ways, we may
forward the relevant communication and other information, including your
identity, to the appropriate authorities for investigation and prosecution. You
hereby consent to our forwarding of any such communications and information to
these authorities. In addition, Numbr.com will provide information in
response to law enforcement requests, subpoenas, court orders, to protect it's
rights and property and in the case where failure to disclose the information
may lead to imminent harm to the users or others. Furthermore, Numbr.com
reserves all of its rights at law and equity to proceed against anyone who uses
the Services illegally or improperly.
2.3 Use of Service outside the
3.0 Copyright, Trademark, and Unauthorized Use.
The Service, including information, documentation or material provided to you
by Numbr.com are protected by copyright, trademark, or other intellectual
property laws and international treaty provisions. All websites, corporate
names, service marks, trade names, logos, and domain names (collectively
"Marks") of Numbr.com are and shall remain the exclusive property
of Numbr.com and nothing in this Agreement shall grant you the right or
license to use such Marks.
4.0 Audit and Law Enforcement. Numbr.com
reserves the right to audit your use of the Service to enforce the provisions
of this Agreement. Numbr.com reserves the right to track and monitor your
Service and usage subject to the requirements of the United States Patriot Act
and other laws and appropriate law enforcement processes. You acknowledge and
agree that this Agreement is sufficient notice to you of such monitoring to the
extent any notice is required under applicable federal or state law.
5.0 Service Description
5.1 Service Requirements.
You acknowledge and understand that the Service will not function without a
functioning landline, mobile, or internet phone number as provided during the
Service initiation.
5.2 Service Distinctions.
The Service is not a telecommunications service, and important distinctions
exist between telecommunications service and the Service. In addition,
different regulatory treatment is applied to the Service as compared with
telecommunications service, which may affect your rights before regulatory
agencies.
5.3 No Directory
Listing. The phone numbers you obtain from us will
not be listed in any telephone directories. As a result, someone with your
phone number may not be able to utilize a reverse directory to lookup your
address.
5.4
Disconnection;
Discontinuance of Service. We reserve the right
to suspend or discontinue the Service generally, or to discontinue your Service,
at any time in our sole and absolute discretion.
6.0 Your Responsibility. You acknowledge and
agree that you are fully responsible for all use on your account, and you accept
full liability and responsibility for the actions of anyone who uses the
Service via your account with or without your permission. Some of your calls
may be transmitted over the public Internet, and you acknowledge that you are
aware that the Internet is not a secure network, and that third parties may be
able to intercept, monitor, or corrupt information you transmit over the
Internet.
7.0 INDEMNIFICATION
You
agree to defend, indemnify, and hold Numbr.com, its affiliates, and agents
and any other service provider who furnishes services to you or enables us to
furnish services to you in connection with this Agreement or the Service,
harmless from claims or damages relating to or arising out of the Service or
this Agreement.
You
agree that Numbr.com should not be and is not responsible for any third
party claims against us that arise from your use of the Service. Further, you
agree to reimburse us for all of our costs and expenses related to the defense
of any such claims, including attorneys' fees, unless such claims are based on
our willful misconduct or gross negligence.
8.0 LIMITATIONS OF LIABILITY
BY
ENROLLING IN, ACTIVATING, USING THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS
AGREEMENT AND UNDERSTAND THE LIMITATIONS OF NUMBR.COM SERVICE DESCRIBED
HEREIN.
NUMBR.COM'S
LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF NUMBR.COM RELATED TO
THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL
PROPERTY , OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY NUMBR.COM'S
INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. FURTHERMORE, IN NO CIRCUMSTANCES
WILL THE AGGREGATE LIABILITY OF NUMBR.COM OR ITS AFFILIATES ARISING WITH
RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE
MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
9.0 WARRANTY LIMITATIONS
WE
MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, AND EXPRESSLY DISCLAIM
ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT
THE SERVICE WILL MEET USER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE,
INCLUDING, BUT NOT LIMITED TO, NUMBR.COM EMPLOYEES, AGENTS, OR
REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD
NOT RELY ON ANY SUCH STATEMENT.
10.0 DISPUTE RESOLUTION BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING
ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF
Any
dispute or claim between you and Numbr.com arising out of or relating in any
way to the Service provided in connection with this Agreement shall be resolved
by arbitration before a single arbitrator administered by the American
Arbitration Association in accordance with its Commercial Arbitration Rules.
The arbitrator's decision shall be final and binding. 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. Without limiting the foregoing, the parties agree that no arbitrator
has the authority to award relief in excess of what this Agreement provides.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN
ARBITRATION WITH 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,
INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND NUMBR.COM
BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS
AGREEMENT.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A
WAIVER OF ANY RIGHT TO A JURY TRIAL.
11.0 Content. You will be liable for
any and all liability that may arise out of the content transmitted by you or
to any person, whether authorized or unauthorized, using your Service (each
such person, a "User"). You shall assure that your and your User's
use of the Service and content comply at all times with all applicable laws,
regulations and written and electronic instructions for use. We reserve the
right to discontinue or suspend your Services and remove your or your User's
content from the Service, if we determine, in our sole and absolute discretion,
that such use or content does not conform to the requirements set forth in this
Agreement or interferes with our ability to provide Services to you or others.
Our action or inaction under this Section will not constitute any review or
approval of your or Users' use or content.
12.0 Entire Agreement.
This Agreement, including any future modifications as may occur within the
terms of the Agreement constitute the entire agreement between you and Numbr.com and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Numbr.com and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
13.0 Severability.
If any part of this Agreement is legally declared invalid or unenforceable, all
other parts of this Agreement will remain valid and enforceable. Such
invalidity or non-enforceability will not invalidate or render unenforceable
any other portion of this Agreement.
14.0.
FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time.
Notices will be considered given and effective on the date posted on www.numbr.com.
Such changes will become binding on you on the date they are posted to our
website and no further notice by us is required upon your continued use of the
Service. The Agreement as and when posted supersedes all previously agreed to
electronic and written terms of service.
Date: 05/19/07