- 3 Columbia Ct. Shoreham NY, 11786
Last Updated: August 5, 2025
This Agreement is between Ring2Voice Inc. (the “Provider”) and you (the “Subscriber”) for the provision of VoIP communications services over the Internet (the “Services”). These Terms and Conditions shall apply to and control your use of the Services as well as this Website (“Website” or “Site”) and any information, software, function, graphics, artwork and any other material contained herein or any other products and services provided here from (collectively referred to as the “Content”). References to the “Services” include, without limitation, voice, SMS/MMS, messaging, call recording, applications (including ConnectUC or successor applications), telephone numbers, porting, support, and related features.
Ring2Voice INC. provides services and equipment intended solely for use, pursuant to the terms and conditions set forth in this Agreement and on the condition that Subscriber accepts and complies with this Agreement. By electronically signing this Agreement, Subscriber accepts this agreement and agrees that Subscriber is legally bound by its terms.
YOU HEREBY WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU ARE NOT AT LEAST 18 YEARS OF AGE, YOU MAY NOT USE THIS WEBSITE OR IT’S SERVICES.
By accessing and/or using this Website and/or the Content, Subscriber agrees to abide by and be bound to these Terms and Conditions and any changes thereto. If you do not agree to or cannot comply with any of these Terms and Conditions, immediately cease any use of this Website and its Content.
These Terms and Conditions may be changed or modified from time to time without notice to you. You should review these Terms and Conditions each time you use this Site and/or its Content to make sure you agree and can comply with the same. Your use of this Site, and/or the Content, after changes have been made to these Terms and Conditions, shall be conclusive evidence that you thereby agree to accept, be bound to and comply with such changes. No waiver or amendment to this agreement or these terms and conditions shall be binding on Provider unless made in writing expressly stating that it is such a waiver or amendment and signed by an authorized representative of Provider.
Subscriber will pay for all services including, but not limited to non-recurring charges, monthly recurring charges, toll charges and any other applicable charges. Subscriber authorizes Provider to charge the then current credit card account number given by the Subscriber (“Credit Card”) for all charges accrued for the duration of the Term. If any charges are due but unpaid for any reason Provider may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Provider. No termination of the Services or of this Agreement shall relieve Subscriber from paying any amounts due hereunder.
There is no money back guarantee for any Services unless specifically written in time of the agreement LOA (Letter of Agency). Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, Provider will continue to electronically charge the credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a twenty dollars ($20.00) reconnection fee. Any requests for a change in telephone number are subject to a fifteen dollar ($15.00) change fee.
If Subscriber is dissatisfied with the service provided then Subscriber shall have the right to cancel the service with a written request sent to support@ring2voice.com Monday through Friday 8am to 6pm. If email is sent outside of these time frames it will be considered received the next business day.
Provider will suspend your account on the day that we receive your cancellation request and Subscriber will be responsible for paying any outstanding balance to that date.
There is no money back guarantee for any Services unless specifically written in time of the agreement LOA (Letter of Agency).
LIMITATION ON REFUNDS AND CREDITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY REFUND, CREDIT, OR BILLING ADJUSTMENT AVAILABLE UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO (A) CONFIRMED OVERCHARGES FOR SERVICES ACTUALLY BILLED BY PROVIDER, AND/OR (B) PREPAID, UNUSED SERVICE FEES EXPRESSLY APPROVED BY PROVIDER IN WRITING. PROVIDER SHALL HAVE NO OBLIGATION TO ISSUE ANY REFUND, CREDIT, OR PAYMENT FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST DATA, OPERATIONAL DISRUPTION, CONSEQUENTIAL DAMAGES, OR ANY OTHER INDIRECT OR SPECIAL LOSS OF ANY KIND. SUBSCRIBER EXPRESSLY WAIVES ANY CLAIM FOR REFUNDS OR DAMAGES BEYOND THE LIMITED SERVICE/PAYMENT REMEDIES DESCRIBED IN THIS AGREEMENT.
TIME LIMIT ON REFUND AND CREDIT REQUESTS. CONSISTENT WITH STANDARD UCaaS/VoIP INDUSTRY PRACTICE, ANY REQUEST FOR A REFUND, CREDIT, OR BILLING ADJUSTMENT MUST BE SUBMITTED IN WRITING TO support@ring2voice.com WITHIN THIRTY (30) DAYS OF THE INVOICE DATE FOR THE CHARGE(S) AT ISSUE. ANY REQUEST SUBMITTED AFTER THIRTY (30) DAYS IS FOREVER BARRED. SUBSCRIBER IRREVOCABLY WAIVES ANY RIGHT TO DISPUTE, SEEK A REFUND FOR, OR CLAIM A CREDIT RELATED TO ANY CHARGE, INVOICE, OR ALLEGED SERVICE ISSUE THAT IS NOT TIMELY RAISED WITHIN THIS THIRTY (30) DAY PERIOD. PROVIDER HAS NO OBLIGATION TO INVESTIGATE OR HONOR STALE OR UNTIMELY REFUND OR CREDIT REQUESTS.
If a Subscriber reasonably and in good faith disputes any portion of Ring2Voice’s charges, it must provide written notice to support@ring2voice.com within thirty (30) days of the invoice date, identifying the reason for the dispute and the amount being disputed. FAILURE TO PROVIDE SUCH WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF THE INVOICE DATE CONSTITUTES SUBSCRIBER’S FINAL AND BINDING ACCEPTANCE OF THE INVOICE AND AN IRREVOCABLE WAIVER OF ANY RIGHT TO DISPUTE THAT INVOICE OR TO SEEK ANY RELATED REFUND OR CREDIT. Subscriber’s dispute as to any portion of the invoice will not excuse Subscriber’s obligation to timely pay the undisputed portion of the invoice. Upon resolution, Subscriber must pay any unpaid amounts within thirty (30) days. Any amounts that are found to be in error resulting in an overpayment by the Subscriber will be applied solely as a billing credit against future Service charges (or, at Provider’s election, as a refund of the confirmed Service overcharge only). Subscriber will be reimbursed any outstanding billing credits at the expiration or termination of this Agreement. In no event shall any billing credit or refund exceed the amount of Service fees actually paid for the specific disputed charge(s).
All monthly recurring charges (MRC) will be charged in advance for the month of service. Services which are subject to an MRC may be cancelled at any time. In the event that you cancel any service for which an MRC applies, the discontinuation will become effective on the next monthly billing date.
Unlimited US and Canada plans are not subject to Per Call charges, unless it is determined that excessive or abuse usage is occurring. An example of such abuse would be for a standard business to use their phones as a call center. In such cases, the account type will automatically be converted to a call center account and the Subscriber will be notified. On Metered Plans, every outbound call using the Services that connects is subject to the then applicable charges. All rates are determined on a per country and/or city specific basis and all rates are as set forth on the Provider’s web site and from the View Rates tab within the Subscriber Portal. In cases where one or more rate tables are provided to Subscriber, each rate table shall have a unique dialing prefix. Use by Subscriber of any such prefix shall signify assent to the rates associated with the prefix. Charging Increments -Unless otherwise specified, rates are displayed for full minutes and calls are billed in six (6) second increments after the initial minimum thirty (30) second call duration, with the exception of calls to Mexico which are charged in sixty (60) second increments with minimum call duration of sixty (60) seconds. U.S. Termination -Unless otherwise agreed to in writing, calls to the United States are charged in six (6) second increments. Ported Numbers – Any call completed to a U.S. Destination number which has been ported shall be charged according to the LRN (Location Routing Number) of the central office to which the number has been ported. In such cases, both the dialed number and the LRN shall be available in the CDRs. Intra-State Calls – Any call, where the ANI and DNIS are within the NANP and belong to the same state within the United States, shall be rated as an Intra-State call subject to the rates then in effect for such calls. Indeterminate Jurisdictional Calls -For the purpose of determining each call’s jurisdiction, the originating, i.e., calling party number, originating ANI, etc. and the terminating, i.e., called party number, terminating ANI, etc. information present in the call stream will be evaluated. If calls presented are: a) without valid 10-digit USA originating ANI as set forth in the LERG at the time of the call, or b) with a 10-digit originating ANI with NPAs of 976, 911, 900, 888, 877, 866, 800 & 700, the calls will be treated as being of “Indeterminate Jurisdiction,” and such calls will be rated as Intra-State.
Unlimited US and Canada plans are not subject to Per Call charges, unless it is determined that excessive or abuse usage is occurring. An example of such abuse would be for a standard business to use their phones as a call center. In such cases, the account type will automatically be converted to a call center account and the Subscriber will be notified. On Metered Plans, every inbound (DID) call using the Services that connects is subject to the then applicable charges. Charges are applied per-minute based on the Tier of the DID number dialed regardless of where the originator is located and/or the Caller ID number associated with the caller. Charging Increments -Unless otherwise specified, rates are displayed for full minutes and calls are billed in one (1) second increments.
Provider reserves the right to make changes to the Rates, provided that it inform Subscriber not less than 30 days in advance of the date on which the Change of Rates is to take effect (“Change Date”). Subscriber can, within 30 days of Provider’s notification, send notice to Provider that the Subscriber does not accept the Change of Rates, and can terminate this Agreement. In such event, Subscriber will be responsible for any sums due hereunder. If the Subscriber does not send Provider notification of its desire to terminate this Agreement or uses the Services after the Change Date, the Subscriber is deemed to have accepted and consented to the Change of Rates. The 30 day notice required for a Change of Rates shall in no way limit Provider’s rights under this agreement to change other terms and conditions without notice to Subscriber.
You may request that telephone numbers be ported to PROVIDER by submitting a completed LOA (Letter of Agency) and a current bill copy (less than thirty days old) from your current service provider. No port shall be accepted or submitted without this information. Pricing for porting DIDs to PROVIDER is $ 5 Per Number. Standard porting time is ten (10) to forty-five (45) days. You should specify the desired port date in the appropriate section of the LOA. PROVIDER will attempt to honor this date and will let you know the actual port date. Once the LOA and bill copy are received by PROVIDER, PROVIDER shall initiate the port request and shall obtain a FOC (Firm Order Commitment) date. You will be provided with a FOC (Firm Order Commitment) date informing you when numbers are scheduled to be ported to PROVIDER. The fees for cancelling or changing a port of a DID to PROVIDER are determined by how soon before or after the FOC date a port is cancelled. Fees for cancelling a port are as follows:
Port Cancellation/Change Fee – Per DID with Cancellation Occurring 48 Hours or More before Scheduled port FOC Date |
$35.00 |
Port Cancellation/Change Fee – Per DID with Cancellation Occurring 6 Hours before or at anytime after Scheduled port FOC Date |
$185.00 |
Port Cancellation/Change Fee – Per DID/toll free With Cancellation Occurring 7 Hours or Less before FOC Date or Within 24 hours after a Scheduled port has successfully occurred (as in a Subscriber requested “Snap Back” to the original carrier) |
$425.00 |
Porting Out – Moving numbers away from Ring2Voice to any other carrier. Subscriber must pay $6 per each number porting out. |
$6 |
PROVIDER shall assign the appropriate cancellation fees (as displayed above) to your payment account for any port cancellation that you request.
In compliance with the Federal Communications Commission (FCC) WC Docket No. 05-196, PROVIDER hereby advises all Subscribers that enhanced E911/911 calling services are available at this time, but may not be available in all service areas and may/or may not function the same as traditional 911 Services.
911 SERVICEABLE AREAS – Presently, PROVIDER offers E911/911 Services via underlying third party providers. 911 Services are available only within the Continental United States and Canada. PROVIDER routes 911 calls originating in the United States via 10-digit routing to PSAPs (Public Safety Answering Points) as well as via Selective Routers (where available). Selective Routers automatically recognize where a call is originating from based on the CLID (Caller ID) information and deliver the call to the most appropriate local PSAP. Presently, most 911 calls are routed via Selective Routers to the 911 Trunks of the PSAPS (where available). Services are not available in countries other than the Continental U.S. and Canada.
REGISTERED LOCATION AND E911/User Management Portal and 911 UPDATES –PROVIDER must have a 911 Registered Location Address on file for your phone number(s) in order to provide test or actual VOIP Services and/or 911 Emergency Calling Services to callers. At the time a telephone number is provisioned, PROVIDER will register the number in the 911 database, provided that you have supplied a valid E911 Order Form. The Registered Location for the caller’s account is obtained from Registered Location information that you provide on the E911 Order Form. The Registered Location Information is then tied to the E911 CID field (911 Caller ID) that you configure in the Domain Manager Portal.
IMPORTANT: You understand that E911 Calls are routed to PSAPS based on the E911 field associated with a specific domain within your SNAPstart number. The number you enter here must match the number indicated in the E911 Service Order form. If you change the number that you use for 911 calling in the Domain Manager Portal, your 911 Services may not be available to you and/or may operate differently than normal. If you change the phone number that you use for 911 calling in the Domain Manager Portal, you must register the new E911 CLID number and its associated address with PROVIDER in order to enable 911 capabilities for the number. Failure to do so may result in 911 services not being available to you when using an unregistered phone number. If the 911 call does not complete, it will be automatically routed to a National Emergency Call Center and the caller will be asked to verify their number and provide their physical location to the operator. There is a $150.00 charge for each 911 call placed from an unregistered phone number on the PROVIDER network. To register additional numbers or to manage your 911 Registered Location, please contact PROVIDER at (866) 211-7373.
NOTE: If the information that you supply for the caller’s Registered Location is incorrect or incomplete, Services may not be available to the caller. For help with problems updating your E911/911 Registered Location Information please contact PROVIDER at: Subscriber Service – (866) 211-7373 during normal business hours (MONDAY – FRIDAY 8:00am TO 6:00pm ET); Email (support@ring2voice.com) during normal business hours.
ROUTING OF E911/911 CALLS – E911/911Calls are routed based on the E911 number you enter in the SNAPstart Domain Manager portal. If you change the number that you use for 911 Calling purposes and fail to register the number for 911 via the Domain Manager Portal, your phone number(s) will not be recognized when placing an E911/911 call, resulting in the call failing or being sent to a National Emergency Call Center Operator, who will require the caller to supply your current address information. Calls from all non-registered numbers will result in a charge of $150.00 per call.
PSAP LIMITATIONS AND THE HANDLING OF E911/911 CALLS – Presently, PROVIDER routes E911/911 calls from Registered DIDs to Emergency Services Operators at the various PSAPs (Public Safety Answering Points). You understand that occasionally there may be instances where the limitations of the PSAPs determine the level of E911/911 services that are provided. For instance, E911/911 PSAP operators may or may not be able to access the ALI Database in order to automatically retrieve information pertaining to a registered DID, such as caller name and address, and so in such instances, you may be required to verbally provide this information to the PSAP operator at the time the call is placed. For this reason, PROVIDER can make no guarantees about the consistency of the E911/911 services, with regard to PSAP operators being able to automatically retrieve and view caller information.
INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE – You understand that while the PROVIDER-provided VOIP service closely approximates traditional 911 services, there may be instances in which the E911/911 Services may function differently from traditional 911 services, or may not be available. Additionally, there may be circumstances in which the E911/911 Services may be delayed or may not be available to you. Such circumstances may include, but are in no way limited to the following:
ALTERNATIVE 911 OR EMERGENCY DIALING ARRANGEMENTS – You acknowledge that PROVIDER does not offer alternate primary line or lifeline services. It is strongly recommended that you always have an alternative means of accessing traditional 911 or Emergency Dialing Services.
The functionality of this web site and all other Web sites associated with this service (the “Website”) is made possible through a variety services provided by third parties, which may include parties providing information and website administration (collectively the “Third Party Providers”). That fact that Provider may use Third Party Providers does in no way create any agency, employment, joint venture, partnership, representation or fiduciary relationship between such Third Parties and Provider, and neither Provider nor such Third Party Providers shall have the authority to create any obligation on behalf of the other.
The Content provided on this Website has been compiled from a variety of sources and may contain out of date information, technical or other mistakes, inaccuracies or typographical errors. Provider makes no guarantees or warranties to the contrary. Provider and the Third Party Providers assume no obligation or liability to correct or update the same. It is your responsibility to verify any information presented to you before relying on it. The Content within this Website is provided for general informational purposes only and should not be regarded as professional advice or an official opinion. You are should seek professional advice before taking any course of action related to the information, Content and ideas herein. This Site may contain Hyperlinks to third party websites (“Third Party Sites”). The placement of such hyperlinks on this Website shall in no event be construed as an endorsement or support by Provider, or any Third Party Provider, of the content, products and/or services of such Third Party Sites. Provider does not editorially control the content, products and/or services on Third Party Sites, and it and the Third Party Providers shall not be liable, in any manner whatsoever, for the access to, inability to access, the use of, the inability to use or the content available on or through Third Party Sites. The Content herein may change or be superseded from time to time as result of subsequent market events regulatory changes or other reasons. You are responsible for reviewing the information and Content on this Site from time to time to be aware of such changes.
The Content of this Website (including but not limited to software, tools, information graphics, videos, and marks) is proprietary in nature, and may be owned by Provider, its affiliates and/or a Third Party Provider. All title and intellectual property rights in and to the Content which may be viewed or accessed through this Website is and shall remain the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Nothing contained herein shall be construed as granting a license under any copyright, trademark, patent or other intellectual property right.
1. Subject to, and conditional upon Subscriber’s compliance with, the terms of this Agreement, Ring2Voice grants to Subscriber and its End User, a limited, personal, revocable, non-exclusive, non-transferable (other than as permitted under this Agreement), non-sublicensable license to use any software provided or made available by Ring2Voice to the Subscriber as part of the Services (“Software”) to the extent reasonably required to use the Services as permitted by this Agreement, only for the duration that Subscriber is entitled to use the Services and subject to the Subscriber being current on its payment obligations.
2. Subscriber will not, and will not allow its End Users, to:
a) Sublicense, resell, distribute or assign its right under the license granted under this Agreement to any other
person or entity;
b) modify, adapt or create derivative works of the Software or any associated documentation;
c) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the
Software;
d) use the Software for infringement analysis, benchmarking, or for any purpose other than as necessary to use the
Services Subscriber is authorized to use;
e) create any competing Software or Services; or
f) remove any copyright or other proprietary or confidential notices on any Software or Services.
Except as expressly provided in this Agreement, the limited license granted to Subscriber under Section (Limited License) does not convey any ownership or other rights or licenses, express or implied, in the Services, any related materials, or in any Intellectual Property and no IP Rights or other rights or licenses are granted, transferred, or assigned to Subscriber, any End User, or any other party by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved and retained by Ring2Voice and its licensors. The Software and Services may comprise or incorporate services, software, technology or products developed or provided by third parties, including open source software or code. Subscriber acknowledges that misuse of Ring2Voice Services may violate third-party IP Rights.
Ring2Voice may from time to time push software updates and patches directly to Subscriber’s device(s) for installation and Subscriber will not prevent Ring2Voice from doing so. Subscriber must implement promptly all fixes, updates, upgrades and replacements of software and third-party software that may be provided by Ring2Voice. Ring2Voice will not be liable for inoperability of the Services or any other Services failures due to failure of Subscriber to timely implement the required changes.
Provider reserves the right to block or limit service based on our determination of potential fraud. In the event that such a determination is made with respect to Subscriber, then Provider shall inform Subscriber of such blockage or limitation as soon as practical, and shall further inform Subscriber of the steps needed to reinstitute service. Subscriber agrees to comply with all such requests to the best of its ability.
You agree to notify Ring2Voice Inc. by email support@ring2voice.com immediately, in writing or by calling (866) 211-7373, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. Ring2Voice Inc., may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold Ring2Voice Inc. harmless from all claims, costs, liabilities and damages arising out of such fraudulent use.
Provider provides Subscriber technical support at its sole discretion and as limited to the Services provided hereunder. Technical support is rendered from Provider’s premises, as available via email: support@ring2voice.com Support for other applications and uses is not provided or implied.
When using certain Content accessible or provided through this Website, you may be subject to additional posted guidelines, terms, conditions, rules or notices, which are applicable to the same, and which are not set forth herein. You hereby agree to be bound by such terms and conditions as they relate to your access to or use of such Content.
This Website and its Content and the products and services provided thereon are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. Further, you may not print, copy, upload, post, publish, modify, display, transfer, resell, reproduce, republish, or distribute this Website or the Content in any way (whether electronically or otherwise), or create other works based on the same, unless expressly authorized by these Terms and Conditions, the provisions on this Website, or otherwise permitted by Provider writing.
You are expressly prohibited from taking any action, or using this Website, and the Content in a manner, (a) that is deemed to interfere with, disrupt, or present a risk to the network, software, property, or security of Provider, its affiliates, its Subscribers, or the Third Party Providers, whether directly or indirectly, or (b) that violates any laws or regulations, or the policies of Provider or a Third Party Provider. If it is determined that you are using this Website or the Content in a manner that violates or is contrary to this Section, Provider, as well as any affected Third Party Provider, shall have the right, without liability or notice, to suspend or terminate your access or use of the Website and/or the Content, or any part thereof. You shall be responsible for any liabilities arising from your use of this Website or the Content that is contrary to, or violates this Section, and you hereby agree to indemnify and hold Provider, its affiliates and the Third Party Providers harmless from and against any and all claims, damages, charges, fees, expenses, penalties, or other costs (including without limitation reasonable attorney’s fees) that arise there from. If Provider or its Third Party Providers, in their sole discretion, believe that you have violated any laws or regulations, either party may forward personally identifiable information to the appropriate authorities for investigation and prosecution.
You, at your cost, shall be solely responsible for obtaining and maintaining all hardware, software and communications equipment, and any updates thereto, that are required to access this Website and the Content.
Some areas of this Website may require you to provide personal information or register for Services. In any such event, you agree to (a) provide accurate, current and complete information as requested during the registration; and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, your rights to use this Site or the Content may be terminated. In no event shall Provider or any Third Party Provider be obligated to confirm the accuracy or correctness of the information you provide, and neither shall have any liability relative to the same.
All Passwords and User IDs that you select in conjunction with your use of, and access to this Website or the Content must meet the then current policies and guidelines of Provider, as amended form time to time. In addition to any restrictions found within said policies, Provider shall not permit the selection and use of any Password or User ID that it believes, in its sole discretion, to be illegal, to be protected by trademark or other proprietary rights or laws, to be vulgar, to be in violation of any privacy rights, or which is otherwise offensive, or may cause confusion. You acknowledge that the purpose of creating a Password and User ID unique to you is to prevent the unauthorized access of your personal or proprietary information. As such, you should, at all times, keep your account number(s), User ID and/or Password confidential and not disclose them to anyone else. Provider and the Third Party Providers shall not be liable for any unauthorized disclosure of or access to your personal propriety information, or from unauthorized access to, or use of this Website or the Content if you fail to maintain the confidentiality of your account number, User ID or Password, whether voluntary or involuntary. You shall be solely responsibility to notify Provider of any unauthorized use of your account number(s), User ID, or password or any other breach of security.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, CONTENT, SOFTWARE, AND ALL SERVICES (INCLUDING WITHOUT LIMITATION VOICE, SMS/MMS, CALL RECORDING, MESSAGING, CONNECTUC OR SIMILAR APPLICATIONS, NUMBERS, PORTING, AND RELATED FEATURES) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROVIDER MAKES NO REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES; THAT CALL RECORDING, SMS, OR ANY FEATURE WILL FUNCTION WITHOUT INTERRUPTION OR IN EVERY INSTANCE; OR THAT ANY DEFECT WILL BE CORRECTED. PROVIDER DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR MATERIALS CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE. SMS AND MESSAGING FEATURES ARE SUBJECT TO CARRIER, 10DLC, AND OTHER THIRD-PARTY COMPLIANCE REQUIREMENTS OUTSIDE PROVIDER’S SOLE CONTROL. THE ABOVE DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY, AND PROVIDER’S ENTIRE LIABILITY, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THIS WEBSITE, THE CONTENT, ANY OUTAGE, DEGRADATION, FEATURE FAILURE (INCLUDING CALL RECORDING OR SMS), SUPPORT RESPONSE, BILLING ERROR, OR THIS AGREEMENT, SHALL BE LIMITED TO, AT PROVIDER’S SOLE ELECTION: (A) REPAIR OR RE-PERFORMANCE OF THE AFFECTED SERVICE; (B) A BILLING CREDIT OR REFUND NOT TO EXCEED THE SERVICE FEES ACTUALLY PAID BY SUBSCRIBER FOR THE SPECIFIC AFFECTED SERVICE DURING THE PERIOD OF THE CONFIRMED ISSUE; AND/OR (C) TERMINATION OF THE AFFECTED SERVICE AND A CREDIT OR REFUND OF ANY PREPAID, UNUSED SERVICE FEES FOR THE TERMINATED SERVICE ONLY. THESE REMEDIES ARE SUBSCRIBER’S EXCLUSIVE REMEDIES AND REPLACE ALL OTHER REMEDIES AT LAW OR IN EQUITY. SUBSCRIBER MAY NOT RECOVER, AND EXPRESSLY WAIVES ANY CLAIM FOR, LOST PROFITS, LOST REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION DAMAGES, CONSEQUENTIAL DAMAGES, OR ANY AMOUNT EXCEEDING THE LIMITED SERVICE/PAYMENT REMEDIES ABOVE.
AS A CONDITION OF PROVIDER PROVIDING THE SERVICES, THIS WEBSITE, AND ITS CONTENT, YOU AGREE THAT PROVIDER, ITS AFFILIATES, AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR LIABILITY OF ANY NATURE INCURRED BY YOU AND/OR ANY THIRD PARTY RESULTING FROM: (A) THE USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS THE SERVICES, THE WEBSITE, THE CONTENT, AND/OR THE INTERNET GENERALLY; (B) ANY SERVICE OUTAGE, INTERRUPTION, DELAY, DEGRADATION, OR FEATURE FAILURE (INCLUDING WITHOUT LIMITATION CALL RECORDING, SMS/MMS, MESSAGING, OR APPLICATION FUNCTIONALITY); (C) ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING CARRIERS, INTERNET SERVICE PROVIDERS, HOSTING PROVIDERS, OR EMERGENCY SERVICE PROVIDERS; OR (D) SUBSCRIBER’S EQUIPMENT, NETWORK, CONFIGURATION, OR FAILURE TO FOLLOW PROVIDER’S INSTRUCTIONS.
IN ADDITION AND NOT TO LIMIT THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ITS AFFILIATES, AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORY (INCLUDING CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, REPUTATIONAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST GOODWILL, LOST OR CORRUPTED DATA, BUSINESS INTERRUPTION, COST OF COVER OR SUBSTITUTE SERVICES, OR OPERATIONAL LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, THIS WEBSITE, THE CONTENT, OR THIS AGREEMENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THIS WEBSITE, THE CONTENT, OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO PROVIDER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND ARE REFLECTED IN THE PRICING OF THE SERVICES, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TIME LIMITATION ON CLAIMS. NO CAUSE OF ACTION UNDER ANY THEORY WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LEGAL PROCEEDING MAY BE ASSERTED HEREUNDER OR OTHERWISE. SEPARATELY, AND WITHOUT LIMITING THE FOREGOING, ANY BILLING DISPUTE, REFUND REQUEST, OR CREDIT REQUEST MUST BE MADE WITHIN THIRTY (30) DAYS OF THE APPLICABLE INVOICE DATE AS SET FORTH ABOVE, OR IS FOREVER WAIVED.
IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIABILITIES AND WARRANTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
IN ADDITION TO ANY OTHER INDEMNIFICATION PROVISIONS HEREIN, YOU AGREE TO INDEMNIFY AND HOLD PROVIDER, THE THIRD PARTY PROVIDER, AND THE PARENT COMPANIES, SISTER COMPANIES, EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS AND SHAREHOLDERS OF THE SAME, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, JUDGMENTS, DAMAGES AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS OF LITIGATION, INCURRED OR SUFFERED BY SUCH PARTY RELATING TO YOUR ACTS OR OMISSIONS, USE OF THE SERVICES, THIS WEBSITE AND ITS CONTENT, AND/OR BREACH OF THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ASSERTED BY ANY THIRD PARTY. PROVIDER SHALL PROMPTLY NOTIFY YOU IN WRITING OF ANY CLAIM FOR WHICH IT IS OBLIGATED UNDER THIS INDEMNITY AND FOR WHICH PROVIDER MAY SEEK INDEMNIFICATION.
Provider may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to this Website and the Content, and to prevent access to users who violate these Terms and Conditions. You agree that Provider and/or the Third Party Providers would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that specific and injunctive or other equitable relief is the appropriate remedy for such a breach.
Failure by Provider to insist upon strict performance of any terms or conditions of these Terms of Service or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the obligations hereunder, and shall not be deemed a waiver of any right to insist upon strict performance thereof or any rights and remedies herein.
Provider shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of utilities, internet or telecommunications failures, carrier or third-party network outages, denial-of- service attacks, epidemics, pandemics, or governmental actions. Subscriber acknowledges that the Services depend on Subscriber’s internet connectivity, power, devices, and configuration, for which Provider has no responsibility.
The provisions of these Terms and Conditions that, by their purpose, are intended to survive the termination of the exchange contemplated herein shall so survive. Said provisions shall include, but shall not be limited to, indemnification, limitations on liability, exclusive remedy, refund and billing dispute time limits, warranty disclaimers, governing law and venue, and payment obligations.
If any terms herein are illegal or unenforceable at law or in equity, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Except as otherwise provided herein, any illegal or unenforceable term shall be deemed to be void and of no force and effect, except to the minimum extent necessary to bring such term within the provisions of applicable law, and such term, as so modified, and the balance of these Terms of Service shall then be fully enforceable.
This Agreement, the Services, use of this Website, and the Content shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict of law principles. You agree that all legal proceedings, whether at law or in equity, related to this Agreement, the Services, this Website, and/or the Content shall be filed in and adjudicated solely in the state or Federal courts located in Suffolk County, New York. You further consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any claim hereunder.
Provider communicates with Subscribers primarily via email. Notices to Subscriber shall be sent to the email address specified by the Subscriber at the time of registration for the Services or as subsequently specified by the Subscriber (“Email Address”). Subscriber is responsible for notifying Provider of any Email Address changes. Subscriber agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, rate changes and other information. The information is time-sensitive in nature. It is required that the Subscriber read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services or rate changes provided hereunder.
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