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Terms of Service (TOS)
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasize:
NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, the Service does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some regions there are restrictions on the use of the Service and Software. It is your responsibility to ensure that you are legally allowed to use the Service and Software where you are located.
NO OWNERSHIP OF NUMBERS: If YourDialer.me allocates to you a Telephone Number, you do not own the number or have a right to retain that number forever. YourDialer.me may need to change or withdraw the number allocated to you from time to time. You will not transfer or attempt to transfer your YourDialer.me Telephone Number to anyone else. You must ensure you comply with any allocation requirements displayed when purchasing a Telephone Number as failure to do so could result in the number being withdrawn.
YOURDIALER CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase YourDialer.me Credit please be aware that it becomes inactive after 180 days of inactivity.
These Terms of Service (“Terms of Service” or “TOS”) constitute the agreement between YourDialer-WEB and its parent, subsidiary and affiliated entities (“YourDialer.me”) and the user of YourDialer.me’s communications services and any related products or services. This agreement governs both our service and any YourDialer WEB-approved or YourDialer.me-branded devices used with our service. It applies to all lines on each YourDialer.me account. YourDialer-WEB and YourDialer.me are sometimes referred to as “we,” “us,” “our,” or “YourDialer”, or “YourDialer.me” and the user is sometimes referred to as “you,” “your,” “user,” or “customer”.
By subscribing to or using our service, including those services, features or functionality provided by means of mobile applications, you agree to these Terms of Service. All information linked to these Terms of Service is part of it. However, from time to time, YourDialer.me offers special or different terms and conditions for YourDialer.me services sponsored or co-branded by YourDialer.me business partners. By subscribing to YourDialer.me service under these special offers, the terms of service for such special offers shall apply and supersede these Terms of Service. Notwithstanding anything to the contrary set forth herein, if your YourDialer.me account is governed by a different terms of service in connection with a YourDialer.me co-branded service offer, then any additional lines or features you add to your YourDialer.me account will be governed by that co-branded TOS. To the extent the co-branded TOS does not address the additional features to which you subscribe under that plan, the then-current YourDialer.me World® TOS will apply solely with respect to that additional feature(s). If you terminate your service under the co-branded offer and move to a different rate plan for your YourDialer.me service, the co-branded TOS will no longer govern the provision of your YourDialer.me service. The terms of service for the new rate plan will apply to all your YourDialer.me service.
1.1 Your agreement with YourDialer.me
YourDialer’s internet communication software applications (“Internet Communications Software”), other “YourDialer.me” branded software applications (together the “YourDialer.me Software”), the “YourDialer” branded software applications (“YourDialer Software”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) are licensed (not sold) to you.
The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by YourDialer-WEB. Any additional products or features of the YourDialer Software or YourDialer Software, or other “YourDialer” or “YourDialer” branded products, that you pay for (including products or features available for free on a trial basis only) (“Paid For Products”) are provided to you by YourDialer WEB.
“YourDialer Websites” means www.YourDialer.me, www.YourDialers.com (both of which are operated by YourDialer WEB) and any other websites authorised by YourDialer-WEB which link to these Terms.
“Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account and licensee under these Terms.
Your agreement with YourDialer.me is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.
1.2 Acceptance of the terms
In order to download and/or use the Software, Products and/or YourDialer.me Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Products and/or YourDialer.me Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or YourDialer WEB.
You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or YourDialer.me Websites in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with YourDialer.me.
In some countries the Products may be provided to you by YourDialer.me’s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.
1.3 Revisions to these Terms of Service.
2. EMERGENCY SERVICES – 911 DIALING.
2.1 911 Dialing and Disclosure Agreement.
YourDialer.me is not a replacement for your ordinary mobile or fixed line telephone. In particular, YourDialer.me does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
2.2 911 Dialing from Mobile Applications.
The YourDialer.me mobile applications are not a replacement for your cellular service and you cannot make emergency (e.g., 911) calls using the software. However, this does not prevent you from using your mobile phone for making emergency calls via your cellular provider as normal.
3. CUSTOMER SERVICE.
We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our customer service, please review the “Support” section of our web site www.YourDialer.me. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
4. MONEY BACK GUARANTEE.
For Order Dates on or after March 1, 2014, a money back guarantee (“MBG”) applies to your first line only if you terminate your service within thirty (30) calendar days from your Order Date. The Order Date is the date you order service or the date we successfully process your payment, whichever is later. Only the remaining credit in your account will be returned to you.
4.1 Service Cancellation
Υou cancel your service within the first thirty (30) calendar days of your Order Date. Only the remaining credit in your account will be returned to you.
4.2 Right to Revoke.
We have the right to discontinue or revoke our thirty (30) day MBG at any time, without prior notice.
4.3 Restrictions Applicable to Certain Promotions, including MBG Promotions
Certain plans may have restrictions or limitations that apply to the refund of calls made during the MBG period from certain US territories or foreign jurisdictions, to the United States, or in the event the Reasonable Use Policy is violated. For these plans, the customer may be responsible for a per-call/per-use charge that will not be refunded in the event of cancellation during the applicable promotional or MBG period.
5.1 Service Distinctions.
Our service may be subject to different regulatory treatment than traditional voice telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires high speed broadband or, for certain mobile applications, a WIFI or other data connection (e.g. 3G/4G) which we do not provide. Certain of our other services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s, tablets or pads which we may or may not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, system maintenance or acts of God. We will act in good faith using commercially reasonable efforts to minimize disruptions to your use of and access to our service.
5.2 Residential and Mobile Use of Service and Device.
YourDialer.me offers/will offer multiple types of service plans. The basic YourDialer.me is a Prepaid, pay as you go and per minute plan, in which calls are charged by the minute and cost is deducted from the customer’s available prepaid credit.
The YourDialer.me’s Unlimited service is a single (and not extended or multi-) family residential voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical residential customers’ calling patterns (also referred to as “normal use” by residential plan customers). “Typical” refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal residential traffic profiles and utilization may arise from business, multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types and levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a residential class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others.
YourDialer.me’s residential unlimited service plans and features are for single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use only. Co-branded use is defined as YourDialer.me service that is provided by a third party partner under that third party partner’s marketing brand, with or without reference to YourDialer.me. This means that only the account holder, residential family members (as defined below), and those phone number(s) registered with YourDialer.me by the account holder may use YourDialer.me’s residential unlimited service plans. “Residential family members” refer to those members of your immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to single ( and not extended or multi-) family residential (or personal, non-commercial) or co-branded use.
Some YourDialer.me plans allow for the use of additional devices (such as personal computers, mobile phones, phone number(s) registered with YourDialer.me or other YourDialer.me equipment) outside the residence as part of that service plan. If you subscribe to a service plan which permits use of more than one device with the same voice line, your usage will be aggregated and assessed in accordance with our Reasonable Use Policy.
YourDialer.me’s mobile unlimited service plans and features are for normal, personal non-commercial use and are device specific. Use of YourDialer.me’s unlimited mobile plans must be in accordance with the Reasonable Use Policy and these Terms of Service, and consistent with other typical customers on the same mobile calling plan. Unauthorized or excessive use beyond that normally experienced by typical mobile customers on the same plan may cause busy signals and may result in service termination.
5.3 Small Business Plans.
a. If you subscribe to any of YourDialer.me’s small business plans, including one of our Small Office Home Office (“SoHo”) plans, we provide service, features and certain equipment to you solely for use as a small business user or domestic business traveler. Some YourDialer.me plans allow for the use of additional devices (such as personal computers, mobile phones or other YourDialer.me equipment) as part of these service plans. If you subscribe to a service plan which permits use of more than one device with the same voice line, your usage will be aggregated and assessed in accordance with our Reasonable Use Policy.
b. The following uses are not considered small business uses and are not permitted under small business plans: autodialing; continuous or excessive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting; and fax or voicemail blasting. Certain business plans may require you to be responsible for supplying, operating, and supporting the standard SIP-based Customer Premise Equipment for use with the service. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your equipment, and any and all charges related thereto.
c. Some business plans may not be eligible for certain promotional offers.
d. Use of YourDialer.me’s small and home business service plans and features must be in accordance with the Reasonable Use Policy and these Terms of Service, and consistent with typical customers on the same small or home business calling plan (also called “normal use” by small and home business plan customers). Unauthorized or excessive use beyond that normally experienced by typical small or home business customers may create network congestion that will manifest itself in increased busy signals for themselves and others, and may result in service termination.
5.4 Inconsistent with Normal Use.
If you use the service, any feature and/or any device (including, but not limited to, your personal computer(s), mobile phone(s) or YourDialer.me equipment) in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at YourDialer.me’s sole discretion, to (a) pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, (b) change to a more appropriate plan or (c) terminate the plan. For example, if you subscribe to one of our residential service plans, and your aggregate usage is inconsistent with normal residential or personal use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialogue between two individuals. Lack of continuous dialogue activity, unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that your use may be inconsistent with normal use by other YourDialer.me customers aggregating their usage under a similar service plan, or that impermissible use as set forth in Section 10 and/or in the Reasonable Use Policy may be occurring and may trigger an account review or further action by us.
A non-exhaustive list of examples of uses of our service that are generally considered to be impermissible and inconsistent with normal residential or co-branded use, include, but are not limited to, use:
– by or for others who do not live with you
– by others who are not registered YourDialer.me users
– operating a business, even if operating from the residence
– at a multi-residential address for more than one single residence
A non exhaustive list of examples of uses of our service that are generally considered to be impermissible and inconsistent with either single (and not extended or multi-) family residential or small or home business use, or co-branded use, include, but are not limited to, use:
– operating any other enterprise, including not-for-profit or governmental
– operating a call center
– resale to others
– auto-dialing or fax/voice blasts
– without live dialogue, including as a monitor, intercom or for transcription
YourDialer.me evaluates customer usage in comparison to similarly situated customers, e.g., residential use under residential service plans or small business use under small business service plans or affiliate use under co-branded service offers or plans. For example, over ninety five per cent (95%) of YourDialer.me’s residential unlimited calling plan customers use less than three thousand (3000) minutes per month and do not have any unusual calling patterns. We may conclude that a customer’s aggregate usage is outside of normal use if it exceeds 3000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
– number of unique numbers called
– call lengths
– frequency of call forwarding/transferring
– conference calling
– excessive calls to conference bridges
– short duration calls or chats
– calls made during business hours
– number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
– other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy
YourDialer.me may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:
– unique numbers called;
– call lengths;
– frequency of call forwarding/transferring;
– conference calling;
– short duration calls;
– number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
– other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy.
YourDialer.me may take appropriate steps to enforce these Terms of Service and our Reasonable Use Policy. We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your YourDialer.me service if account usage is beyond normal standards, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If we give you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated. YourDialer.me’s right to terminate your account under Section 6.5(b) (with or for no reason) is not limited by this provision.
5.5 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.
Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service may not support specified dialing such as 911 and 411.
5.6 No Directory Listing.
The phone numbers you get from us will not be listed by us in any telephone directories. However, any phone numbers you transfer from your local phone company may be or remain listed. We have no control over directory listings.
5.7 Incompatibility With Other Services.
(a) Non-Voice Equipment Limitations.
You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TiVo, AOL, Netflix and other streaming services, cable television services, FiOS, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against YourDialer.me for interference with or disruption of these services and equipment, as well as any claim that YourDialer.me is responsible for any disruption to your business, if applicable.
(b) Certain Broadband, Cable Modem, and Other Services.
You acknowledge that our service may not be compatible with certain cable broadband service (such as AOL) and certain versions of TiVo. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
You will be asked to create a password in order to gain access to your account information on-line or when contacting a YourDialer.me agent by phone. Certain applications may permit you to extend use of such application to others using your password information. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password, including without limitation usage by others. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.
5.9 Changes to Service Plans
Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at www.YourDialer.me or in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law. If your calling plan has been changed this does not affect the terms of your existing service agreement.
5.10 Virtual Numbers
International virtual numbers are not retained and may not be transferred.
6. LENGTH OF SERVICE.
6.1 Service Term.
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the Order Date. It is not the day you receive any notification or the first time you use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that your obligations begin on your Order Date and are indefinite.
6.2 Automatic Renewal.
Your service term automatically renews for the same term you selected unless you contact our Support Department to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.
6.3 Early Termination Fees.
If a promotional or plan benefit (such as an equipment upgrade, free month or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping YourDialer.me service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the Order Date.
If you terminate your service before that period of time expires, then you will be subject to an Early Termination Fee. The applicable Early Termination Fee is assessed based upon the rate plan you select. The ETF is pro-rated based upon the number of months in the term of the agreement for your selected rate plan. Proration may not necessarily coincide with your bill cycle, and may include a balloon payment at the end of the proration schedule.
You are responsible for all usage charges that are outside of the promotional or plan benefit. YourDialer.me rate plans will not require you to sign an agreement or commitment for a specific Term. Such rate plans will not carry an Early Termination Fee. Promotional rate plans may require an agreement or commitment for a specific Term and such rate plans will carry an Early Termination Fee.
6.4 Our right to disconnect service; upgrade software.
We reserve the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice.
6.5 Fees upon disconnection.
(a) Disconnection by you.
If you attempt to disconnect service for one or more of your lines before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the disconnected line(s), including unbilled charges, plus an Early Termination Fee per line, if applicable. Cancellation is effective on the date you or we cancel or which you designate as the cancellation date (future disconnection date). Annual prepayment plan charges are not subject to refund. If your service is canceled before the end of your billing cycle for any reason by you or us, there are no pro-rated refunds. Charges for any overages, payphone calls to YourDialer.me toll free numbers, and out-of-plan international calls or any other features and services outside your rate plan are separately billed and charged to your selected payment method after cancellation. In addition, if you obtain a product or service from us (e.g., a phone Adapter) for which a rebate or benefit was given to you that was conditioned on maintaining your YourDialer.me service for a specified length of time, and you disconnect service before the end of that period, you agree to pay us the applicable recovery fee and/or Early Termination Fee.On multiple line accounts, any Early Termination Fee arising from a cancellation of a line that is subject to an ETF must either be paid upon cancellation or the remaining ETF balance may be transferred to one of the other lines on that account. Such ETF balance continues on the account until either the ETF obligation has expired or been satisfied.
(b) Disconnection by us without a reason.
If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and, if applicable, any recovery and Early Termination Fees.
(c) Disconnection by us with a reason.
If we disconnect your service for any of the reasons listed in section 6.4 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any applicable disconnection, Early Termination Fees and any recovery fees.
(d) All charges owed at the time of disconnection will be immediately payable.
At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
6.6 Service Disconnection on Number Transfer or “Port”.
(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, we will terminate our service for that number promptly after we receive notification from our competitive local exchange carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our service in this fashion even if you have not independently called us to request disconnection. Once your service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges, as well as for any applicable Early Termination Fees or recovery fees that may be applicable. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in these Terms of Service, your service and your agreement with us will not terminate, you will remain a YourDialer.me customer, and you will continue to be responsible for all charges and fees associated with your YourDialer.me 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 you are required to inform us, by informing 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 YourDialer.me account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your YourDialer.me 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 applicable Early Termination Fees and recovery fees that may apply to the ported number.
6.7 Termination of Service.
In order to terminate your service, you must contact our Support Department. Our Support Department is available to assist you with account terminations on Monday-Friday 9:00 a.m. to 5:00 p.m Eastern Standard Time. If you decide to cancel your service with us, you must contact our Support Department to do so – simply disconnecting or returning your device to us or one of our partners will not cancel your service and you will remain responsible for all costs and fees associated with your account, including, but not limited to, monthly recurring fees for your service plan and you may also be disqualified for an applicable money back guarantee.
YourDialer.me reserves the right, at its sole discretion, not to honour the Money Back Guarantee or any other promotion for any customer who, directly or indirectly, demonstrates a pattern of activating and then cancelling service within thirty (30) days after the Order Date in connection with a Money Back Guarantee offer, or similar offer, unless such pattern is based on a YourDialer.me acknowledged technical cause, a force majeure event or other basis YourDialer.me considers reasonable.
7.1 Devices purchased from a retail provider.
(a) Return of Device.
Except as provided in the limited warranty found in Section 7.1(b) below, if you purchased your device from a retail provider, you may return your device only to that retail provider. All device returns are subject to the return policy of the retail provider and are not eligible for any applicable money back guarantee offered by us. We will not accept any device returned to us from a retail customer.
(b) Limited Warranty from YourDialer.me for retail customers only.
We will provide a limited warranty on the device only for manufacturing defects for a period of one (1) year from your Order Date. This retail customer limited warranty does not apply to any defect or failure other than a manufacturing defect. Without limiting the generality of the warranty, it does not apply to any defect caused by damage in transit, retailer handling, or your handling of your device. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. For returns subject to this retail customer limited warranty, the following conditions must be satisfied:
– we receive your device, in its original condition, reasonable wear and tear excluded, together with the original packaging, all parts, accessories, and documentation;
– before returning your device to us, and within one (1) year from your Order Date, you need to obtain a valid return authorization number from our Support Department.
– you pay all costs of shipping your device back to us.
7.2 Devices received from us.
(a) Limited Warranty.
Except as set forth in these Terms of Service, if you received a device from us and the device included a limited warranty from another person (such as the manufacturer) at the time you received it, you should read the separate limited warranty document you received with the device for information on the limitation and disclaimer of certain warranties. We will provide a limited warranty on the device only for manufacturing defects for a period of one (1) year from your Order Date. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
(b) Repair or replacement.
Your only remedy for any breach of any limited warranty or other breach of any duty regarding a device is to get a repaired or replacement device by following our return procedures as directed by our Support Department. This limited warranty applies in place of the limited warranty included with the device if the included limited warranty is less favorable to you than this warranty.
(c) Service Cancellation.
If you cancel your service within the Money Back Guarantee period, you may obtain a credit or a refund for the amount paid for the device, if any.
(d) Receipt of damaged devices.
If you receive cartons or devices that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our Support Department.
(e) Ownership and Risk of Loss.
You will own your device and bear all the risk of loss, theft, or damage. This risk is from the time we ship your device to you.
7.3 Device Upgrades.
From time to time devices may need to be updated. Such upgrades occur automatically and last approximately 1-5 minutes. During this time you may not be able to obtain dial tone or make and receive calls.
7.4 Tampering with the Device.
You may not change the electronic serial number, equipment identifier, encryption keys, other authentication, technical data of your device, or perform a factory reset of your device without first getting our written consent.
7.5 Prohibited Devices.
You are prohibited from using YourDialer.me services with any devices other than YourDialer.me-approved devices received from retailers or from us.
OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY IN THIS AGREEMENT, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, AVAILABILITY, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE”, AVAILABLE FOR THE SENDING OR RECEIPT OF CALLS OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
8. FEES, TAXES, AND OTHER CHARGES.
8.1 Fees and charges.
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us. We reserve the right to bill you more frequently if you owe us more than $75.
8.2 Billing increments.
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your YourDialer.me charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your Order, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your selected payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status by sending the certificate to our Support Department. Tax exemption will only apply from the date we receive your certificate.
8.4 “Toll Free” Charges.
If you use any toll free feature that we offer, we will recover from you any charges imposed on us either directly or indirectly for toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs.
8.5 Charges for Directory Calls (e.g., 411).
We reserve the right to charge you for each call you make to directory assistance except, and only to the extent that, such calls are expressly included in another fee applicable to our service.
8.6 Activation and Shipping Fees.
Unless such fee is changed or waived by us as part of an offer, we reserve the right to charge you a one-time activation fee per line for residential and business accounts as well as any other activation fee that may apply to the particular features or service that you select. Unless such fee is changed or waived by us as part of an offer, we will charge you our then current shipping fees per device shipped.
8.7 Early Termination Fee.
For Order Dates on or after March 1, 2014, and in cases of long term contracts, you may be charged an Early Termination Fee per voice line, as applicable per the plan you select, if your service is disconnected prior to the end of your commitment period. Some plans will not require a term commitment or an Early Termination Fee. Section 6.3 sets forth more detailed information.
8.8 Rebate and other Recovery Fees.
If you purchase a product or service for which a rebate or benefit is provided that is dependent upon your maintaining YourDialer.me service for a particular length of time, and if you disconnect service before the end of that period, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid to us and the advertised regular price of the product or service at the time you received it. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any Early Termination Fees. For example, if an offer or promotion provides a rebate for a phone adapter and discloses that a rebate recovery fee is applied if the service is disconnected prior to a minimum required period, you would be charged the applicable rebate recovery fee.
8.9 No Credit Allowances or Refunds for Prepaid Service Plan Customers.
Subject to our Money Back Guarantee and law, we will neither credit nor refund any service fees or any other amounts you pay for any prepaid service plans.
8.10 No Credit for Non-Usage or Misdialing
Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.
9. BILLING, PAYMENT, AND NOTICES.
If you ordered a monthly service plan fee, we will charge your method of payment in advance for each monthly service plan fee and associated taxes. Note: some financial institutions may not accept charges under one dollar ($1.00). If your financial institution does not accept charges under one dollar, we will round up and charge your account one dollar ($1.00). We may, in our discretion, refund or credit the difference between the dollar ($1.00) and the amount you actually owed. We will charge you in arrears for any usage and calls not covered by your plan, and immediately on disconnection for any accrued and unbilled amounts and recovery fees or Early Termination Fees (including taxes), if applicable, that are due.
If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges. We will charge you in arrears on a monthly basis for usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and, if applicable, any recovery fees or Early Termination Fees that are due. We may initiate mid-cycle billing of additional amounts due that exceed $75.00.
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic transfer from your account as soon as the same day you make your payment, or to process your check as a check transaction in which case you may not receive your check back from your financial institution. Late payments will be subject to late payment fees and returned electronic check payments will be subject to returned check fees, each of which are further detailed as part of our fees and charges. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. This remains your responsibility despite YourDialer.me’s participation in any account updater program provided by any third party account updater
When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method.
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date or other payment method information). You authorize YourDialer.me to send you notices and information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
9.5 Billing Disputes.
If you want to dispute any YourDialer.me charges on your statement, you must notify YourDialer.me within seven (7) calendar days after you receive your statement from your bank or credit card issuer. Financial regulations require you to notify your financial institution within sixty (60) days after you receive your statement and report any alleged errors to them within this timeframe. Please contact our Support Department if you want to dispute any YourDialer.me charges on your statement.
10. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
10.1 Lawful purposes only.
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, fraudulent, improper or inappropriate. For a non-exhaustive list of examples of illegal, fraudulent, improper or inappropriate uses of our service and/or devices, click here.
We may monitor the use of our service for violations of these Terms of Service. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or YourDialer.me, its parent, affiliates, directors, officers, agents, and employees from harm.
10.3 Providing information to authorities and third parties.
If we believe that you have used our service or your device 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 consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
- in response to law enforcement or other governmental agency requests;
- as required by law, regulation, rule, subpoena, search warrant, or court order;
- as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
- to protect YourDialer.me’s rights and property; or
- in emergency situations where disclosure of such information is necessary to protect YourDialer.me customers or third parties from imminent harm.
10.4 Use of Service and Device by Customers Outside the United States.
We encourage you to use our service to call foreign countries from your home country and to use our service as you travel. Technical and customer care support is offered only mainly in the United States, but worldwide as well (with limitations depending to your country). Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a YourDialer.me service area, or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service. If you ship a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable customs, import/export, regulatory, tax (including VAT) and other laws and costsexpenses and penalties regarding the transport, distribution and use of such device and the service.
10.5 No Transfer of Service.
You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You are also responsible for all usage and charges on all devices and features including Extensions® phone(s) registered with YourDialer.me, as well as charges for aggregated domestic and international usage made by you and others you have authorized to use your service. You may not resell or transfer your service or account or provide a telephone service to anyone else by using your YourDialer.me service or features of your YourDialer.me service without first getting our written consent. IF YOU ACQUIRE A DEVICE FROM SOMEONE OTHER THAN YourDialer.me OR A YourDialer.me AUTHORIZED RESELLER, OR THAT PREVIOUSLY WAS ASSIGNED TO ANOTHER’S ACCOUNT, YourDialer.me DISCLAIMS ALL WARRANTIES, DAMAGES AND LIABILITIES YOU MAY INCUR BY VIRTUE OF YOUR USE OF SUCH DEVICE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our Customer Care records. You may elect to authorize others to access your account by informing our Support Department.
10.6 No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software of the device or any mobile application in any way that facilitates a compromise of our service, you are responsible for any charges that result and damages incurred by YourDialer.me as a result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.
10.7 Theft of Service.
You may not use, obtain or facilitate use of our service, directly or indirectly through others, in any manner that avoids YourDialer.me policies and procedures, including an illegal or improper manner You will notify immediately our Support Department if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you as permitted under these Terms of Service. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.
10.8 Unauthorized Usage of Device; Firmware or Software.
Unless your plan specifically provides you with a license to use our firmware or software, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, or accessible via mobile application other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms of Service. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not undertake, cause, permit or authorize the modification, creation of derivative works, or translate, reverse compile, disassemble, hack or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. You shall not use the mobile application software to develop any software or other technology having the same primary function, including but not limited to using the software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the software
10.9 Vanity Number Porting
You may not obtain vanity numbers from YourDialer.me and then attempt to sell, resell, or actually sell or resell such vanity numbers.
11. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
11.1 AS IS Services.
You agree that our services are provided “as is,” except to the extent provided below.
11.2 No Warranties on Service or Software.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service, software or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither YourDialer.me nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of YourDialer.me’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning our service or device, if any, by YourDialer.me or YourDialer.me’s agents or installers are informational and are not given as a warranty of any kind.
With regard to mobile applications downloaded from and purchased through a third party provider (e.g., the iTunes® store or Android Market), in the event of any failure of the mobile application to conform to any applicable warranty, you should notify the third party provider, and the third party provider may refund the purchase price for the mobile application to you; and that, to the maximum extent permitted by applicable law, the third party provider will have no other warranty obligation whatsoever with respect to the mobile application, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
11.3 Device Warranties and Limitations. (See Section 7)
11.4 No Credit Allowances for Interruption of YourDialer.me Service.
We will not give you credit for any interruption of YourDialer.me service, including international calling services.
11.5 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including 911 Dialing, or your blocking of an emergency number (e.g., Police, Fire Department, Hospital) at any time or any interruption or degradation of voice .
11.6 Disclaimer of Liability for Damages.
Our aggregate liability under this agreement will in no event exceed the service charges with respect to the affected time period.
IN NO EVENT will YourDialer.me, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to get or receive dial tone, access emergency service personnel through the 911 dialing service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. YourDialer.me further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the device without YourDialer.me’s prior authorization. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you however, with respect to 911 dialing and other aspects of YourDialer.me’s service, there may be federal or state laws that exclude such damages and provide other protections to YourDialer.me which YourDialer.me does not waive or limit in any manner whatsoever.
11.7 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. We are a non-interconnected telecommunication service provider, and as such we do not provide a 911 dialing service. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. Neither YourDialer.me nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to the luck of service, including, without limitation, 911 Dialing, or your device.
11.8 Limit on Total Liability.
Our total liability under this agreement will not exceed the service charges for the affected time period. YourDialer.me will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, wireless or cellular fees, or other wireline, broadband or internet service charges, technician charges, or other similar charges.
11.9 Technical Sufficiency Criteria.
Use of Teer Group products and services (collectively, “Services”) is dependent on meeting these Technical Sufficiency Criteria. These Technical Sufficiency Criteria are incorporated into and made a part of the applicable Service Agreement.
- The Services require a properly-configured, high performance, enterprise-grade broadband IP network and connection. Use of the Services with any network, services, or connection not compatible with the Services may result in partial or complete unavailability, interruption, or underperformance of the Services or other services utilizing the same network, services, or connection. Likewise, 2G, 3G, or LTE networks are not recommended for use with the Services. Customer will provide and maintain, at its own cost, an IP network, services, and connection meeting the foregoing standard and all equipment necessary for the Services to connect to and use such network, services, and connection.
- To minimize unauthorized use, Customer should (a) disable international calling for all Digital Lines, extensions or Accounts for which such calling activity is not needed or not authorized; (b) restrict international calling destinations to those that are needed and authorized; (c) block inbound calls from any caller and area codes from which Customer does not wish to receive calls and block inbound calls with no caller identification if appropriate; (d) disable attachment of facsimile image and voicemail audio files to message notification emails associated with Customer’s Account(s) and/or individual Digital Lines or extensions for which such functionality is not required and to the extent that such files may include sensitive or confidential content.
12. INDEMNIFICATION AND WAIVER OF CLAIMS.
You shall defend, indemnify, and hold harmless YourDialer.me, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
12.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our luck of 911 dialing service.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
12.4 Account Information.
You are liable for all damages and liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
13. MISCELLANEOUS LEGAL CONSIDERATIONS.
13.1 Governing Law.
These Terms of Service are applicable for VoIP-based service initiated mainly in the United States of America and worldwide and mobile services worldwide. For US based customers, the law of the state of your residence will govern this agreement as well as the relationship between you and us, except to the extent such law is pre-empted by or inconsistent with applicable federal law. For users of YourDialer.me applications outside the United States, the laws of the State of Wyoming will govern your use of our Service under this agreement as well as the relationship between you and us, except to the extent such law is preempted or inconsistent with applicable local law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act (“FAA”), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 14.
13.2 No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. YourDialer.me reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by YourDialer.me under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
13.4 Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights provided, however, that with regard to provisions related to mobile applications made available for download through a third party marketplace such as the iTunes store or the Android Market, you acknowledge and agree that such third parties, and its or their subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, such third parties will have the right (and will be deemed to have accepted the right) to enforce specific terms of this agreement against you as a third party beneficiary thereof.
13.5 Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
13.6 Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and YourDialer.me. This agreement governs your use of our service, and the use of our services by the members of your household, and, subject to your use of one of our business plans, your employees. This agreement supersedes any prior agreements between you and YourDialer.me. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
14. DISPUTE RESOLUTION AND BINDING ARBITRATION.
PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS.
It is important that you read this entire section carefully. This section provides for mandatory resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Any arbitration under this agreement will take place on an individual basis; class arbitrations and class action lawsuits are not permitted.
YourDialer-WEB and you agree to arbitrate any and all disputes and claims between you and YourDialer.me. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to:
– disputes and claims arising out of or relating to any aspect of the relationship between you and YourDialer WEB, whether based in agreement, tort, statute, fraud, misrepresentation or any other legal theory;
– disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
– disputes and claims that may arise after the termination of this agreement;
– disputes and claims that are currently the subject of individual litigation;
– disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
– disputes and claims concerning the scope of this arbitration provision.
References to “YourDialer WEB”, “YourDialer.me,” “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under these Terms of Service or any prior agreements between you and YourDialer WEB.
14.2 Informal Resolution of Disputes.
Our Customer Care Department can resolve most customer concerns quickly and to the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the YourDialer.me Customer Care Department. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved through mandatory arbitration as set forth below.
14.3 Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.
(A) A Notice of Dispute to YourDialer.me must be sent to YourDialer.me:
(1) by email addressed to info@YourDialer.me
(B) A Notice of Dispute to you must be sent to you
(1) by certified mail or overnight express delivery with verification at the last mailing address that you registered with YourDialer.me; or
(2) by email addressed to you at the last email address you registered with YourDialer.me.
(C) The Notice of Dispute must
(1) describe the nature and basis of the dispute or claim; and
(2) set forth the specific relief sought.
(D) If you and YourDialer-WEB do not reach an agreement to resolve the dispute or claim within thirty (30) calendar days after the Notice of Dispute is received, you or YourDialer-WEB may commence an arbitration proceeding. The amount of any settlement offer made by you or YourDialer-WEB shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or YourDialer.me is entitled.
14.4 Arbitrator and Arbitral Rules.
The arbitration shall be administered by the American Arbitration Association (“AAA”). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
14.5 Location and Procedure of Arbitration.
Unless you and YourDialer.me mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish of your billing address. If your claim is for $10,000 or less, you or YourDialer.me may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.
14.6 Fees and Costs.
YourDialer-WEB will advance all arbitration filing fees and arbitrator’s costs and expenses upon receipt of your reasonable proof that you cannot afford to pay such fees and costs, provided such proof and your written request that YourDialer-WEB pay such fees and costs is given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in YourDialer WEB’s favor, you shall reimburse YourDialer-WEB for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse YourDialer-WEB for any of the fees and costs advanced by YourDialer WEB. If a party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, YourDialer-WEB shall pay all fees and costs which it is required by law to pay.
14.7 Waiver of Jury Trial.
You and YourDialer-WEB agree that, by entering into this agreement, you and YourDialer-WEB are waiving the right to a trial by jury.
14.8 Waiver of Class Actions.
You and YourDialer-WEB agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND YOURDIALER-WEB AGREE THAT YOU AND YOURDIALER-WEB MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and YourDialer-WEB agree that, unless you and YourDialer-WEB agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.9 Statute of Limitations:
State laws may limit the time period after which you may assert a claim; in some cases you may be required to assert a claim within one (1) year after the occurrence of the event or facts giving rise to a dispute (except for billing disputes). Your failure to timely assert your claim may result in a waiver of your legal rights.
14.10 Exceptions to Arbitration Agreement:
You and we agree:
- you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
- if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
- you or we may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction;
- any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
- either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or YourDialer WEB, pending the completion of arbitration.
14.11 Modification of Arbitration Provision.
Despite any other provision in this agreement to the contrary, if YourDialer-WEB makes any substantive change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual YourDialer.me or YourDialer user account (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the YourDialer.me Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. YourDialer.me reserves all rights not expressly granted to you under these Terms.
You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 15.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
15.3 Other Technology.
If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices (“Other Technology”), you agree and acknowledge that: (a) you may be required to (i) enter into a separate licence agreement with; and/or (ii) purchase a subscription from; and/or (iii) pay a fee, to the relevant third party owner or licensor for the use of such Other Technology; (b) some Products and/or functionality may not be accessible through the Other Technology and (c) YourDialer.me cannot guarantee that the Software shall always be available on or in connection with such Other Technology.
15.4 Third Party Notices.
The Software and YourDialer.me Websites may include third party code that YourDialer.me, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by YourDialer.me.
16. USE OF THE SOFTWARE AND PRODUCTS AND YOURDIALER.ME WEBSITES
In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
16.2 Use of Your Equipment.
The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
16.3 Updates to the Software.
YourDialer.me may automatically check your version of the YourDialer.me Software. We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software in order to continue using YourDialer.me. You agree to accept such updates subject to these Terms unless other terms accompany the updates. YourDialer.me is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Software or that updated Software will be compatible for use with end users running older versions of the Software. Microsoft Corporation or its affiliates and subsidiaries may also automatically download updates to the YourDialer.me Software for Windows, if you have chosen to receive Microsoft Updates. Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
16.4 Suspension, technical improvement and maintenance.
From time to time, YourDialer.me may need to perform maintenance on or upgrade the Software, Products or YourDialer.me Websites or the underlying infrastructure that enables you to use the Software, Products or YourDialer.me Websites. This may require YourDialer.me to temporarily suspend or limit your use of some or all of the Software, Products or YourDialer.me Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, YourDialer.me will publish the time and date of such suspension or limitation on the YourDialer.me Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or YourDialer.me Website.
16.5 No Access to Emergency Services.
Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) YourDialer.me is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service.
16.6 No Emergency Calling (Internet Communications Software Only and Not Applicable to the YourDialer Software)
16.6.1 YourDialer.me emergency calling is not available for any countries, versions or platforms. You should keep traditional wireless (mobile) or fixed line telephone services available for your calls to Emergency Services and use YourDialer.me’s limited emergency calling only as an absolute last resort. In particular, please also note that:
(i) power cut, battery failure or internet connection failure can lead to a YourDialer.me call failure, including your call to Emergency Services. Additionally, any of the quality limitations set below, may otherwise affect successful call connection.
(ii) where available, an emergency call made using the Internet Communications Software in any country may not receive the same network priority as a call made using traditional wireless (mobile) or fixed line telephone services.
(iii) if your emergency call is connected, you will need to tell the Emergency Services operator that you speak to where you are physically located so that the correct emergency organization can respond to your emergency and knows where to find you. If you do not provide this information when prompted, you acknowledge that your emergency call may not be completed and you will not be able to gain access to your required Emergency Services using the Internet Communications Software. YourDialer.me will have no liability for your failed emergency call in such circumstances.
(iv) YourDialer.me does not provide limited emergency calling in any country or for or in conjunction with any Products or using any platforms, devices, services or operating systems (including any products, platforms, devices, services or operating systems developed by third parties using YourDialer.me’s APIs, any of YourDialer.me’s software development kits or otherwise).
16.6.2 YourDialer.me does not support emergency calls in the majority of countries around the world. Where limited emergency calling is supported YourDialer.me will not charge you to make an emergency call and you do not need to have a YourDialer.me Credit balance. If however your country is not supported for limited emergency calling then you should not attempt to, and agree not to, make any emergency calls using your Internet Communications Software. If, with your permission, another user uses your User Account, it is your responsibility to inform that user of the limited circumstances in which limited emergency calling is available.
16.7 Content of Communications.
YourDialer.me is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. YourDialer.me reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. YourDialer.me may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms. Further, YourDialer.me may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
16.8 Notice and Take-Down.
If YourDialer.me receives any notification that any material that you post, upload, edit, host, share and/or publish on the YourDialer.me Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if YourDialer.me wishes to remove your User Submission for any reason whatsoever, YourDialer.me reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by YourDialer.me in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that YourDialer.me is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. YourDialer.me reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
YourDialer-WEB cannot guarantee that the Software, Products or YourDialer.me Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or YourDialer.me Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. YourDialer.me takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
16.10 Changes to Products.
YourDialer.me is constantly improving the Software and Products and may change them at any time. Additionally, there are reasons why YourDialer.me may stop providing the Software and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in this agreement. As a result of such changes, you may need to use an upgraded version of the Software. Technical requirements for use of Products and Software and feature descriptions are available on the YourDialer.me Website. If you do not agree with any changes to Software and Products you may terminate your relationship with YourDialer.me in accordance with the terms of this agreement. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the YourDialer.me Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
16.11 Unsolicited Ideas
YourDialer.me does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to YourDialer.me through the YourDialer.me Website or otherwise, you acknowledge and agree that YourDialer.me shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
Certain parts of the YourDialer.me Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of YourDialer.me. YourDialer.me shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to YourDialer.me will not be treated as confidential and YourDialer.me shall not be liable for any disclosure of the Reports.
You may link to the YourDialer.me Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by YourDialer.me where none exists. You may not frame the Site on any other site. YourDialer.me provides a YourDialer branded embeddable flash player feature which you may incorporate into your own personal, non-commercial website for use in accessing the materials on the YourDialer branded YourDialer.me Website. YourDialer.me may revoke the permission to link to the YourDialer.me Websites at any time at its sole discretion and will notify you in this respect.
17. YOUR OBLIGATIONS.
17.1 User Account.
Prior to your first use of the YourDialer.me Software and your first use of the YourDialer Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. YourDialer.me takes no responsibility for your failure to comply with the obligations in this paragraph.
17.2 Lawful Use.
You must use the Software, Products and YourDialer.me Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or YourDialer.me Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or YourDialer.me Websites where you are located.
17.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, YourDialer.me Websites, communication or protocols;
(c) send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Software, Products or YourDialer.me Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or YourDialer.me Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or YourDialer.me Websites;
(h) impact or attempt to impact the availability of the Software, Products or YourDialer.me Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or YourDialer.me Websites. Notwithstanding the foregoing, you agree that YourDialer.me grants to the operators of public search engines permission to use spiders to copy materials from the YourDialer.me Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. YourDialer.me reserves the right to revoke these exceptions at any time.
17.4 User Submissions.
Please exercise respect when participating in any features of the YourDialer.me Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the YourDialer.me Websites or of the YourDialer.me Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the YourDialer.me Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and YourDialer.me has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the YourDialer.me Websites or through the Software; (iii) YourDialer.me does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) YourDialer.me is not responsible for any User Submissions that you may have access to through your use of the YourDialer.me Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. YourDialer.me does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you:
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise YourDialer.me to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the YourDialer.me Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the YourDialer.me Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the YourDialer.me Website or Software or features that prevent or restrict the use of any content thereof.
17.5 Your Information.
From time to time, YourDialer.me may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.
17.6 No Reselling.
The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.
17.7 Export Restrictions.
The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R100351 and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern and EAR Part 736. YourDialer.me is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
18. PROPRIETARY RIGHTS
18.1 The Software, Products and YourDialer.me Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
18.2 The content and compilation of content included on the YourDialer.me Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of YourDialer.me, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without YourDialer.me’s express permission. You may download and make personal, non-commercial use of User Submissions on www.YourDialer.com that are displayed with a “download” or similar link. YourDialer.me reserves all rights not expressly granted in the YourDialer.me Websites.
18.3 YourDialer.me and/or its licensors retain exclusive ownership of the Software, Products and YourDialer.me Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with YourDialer.me’s intellectual property rights in the Software, Products and/or YourDialer.me Websites.
18.4 “YourDialer.me”, associated trademarks and logos and the respective logo are trademarks of YourDialer.me. YourDialer.me has registered and filed applications to register its trademarks in many countries worldwide. YourDialer.me’s trademarks and trade dress may not be used in connection with any product or service that is not YourDialer.me’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits YourDialer.me. All other trademarks not owned by YourDialer.me or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of YourDialer.me’s intellectual property (in whole or part) or that is confusingly similar thereto. Please also see YourDialer.me’s Trademark Guidelines for further details on use of its marks.
19.1 Calling phones and premium rate numbers with YourDialer.me Credit:
(i) Calling landlines and mobiles: The charges and fees payable for calling phones (outside of a subscription) may consist of a connection fee (charged once, per call, if it applies to the destination) and a per-minute rate as set out on www.YourDialer.me. All calls will be disconnected and require a re-dial after a 90 minute duration and an additional connection fee may be charged on re-dial.
(ii) Premium rate numbers: The charges and fees payable for calling premium rate numbers consist of a per-minute rate available at www.YourDialer.me.
(iii) YourDialer.me may change the rates for calling phones and premium rate numbers at any time without notice to you by posting such change at www.YourDialer.me. The new rate will apply to your next use after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
(iv) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.. During the call, charges incurred will be deducted automatically from the YourDialer.me Credit balance in your User Account.
19.2 Charges for other Paid For Products.
The charges for other Paid For Products will be confirmed to you before you complete a purchase from YourDialer.me. YourDialer.me may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.
19.3 Promotional Offers.
From time to time, YourDialer.me may offer Paid-For Products for free for a trial period. YourDialer.me reserves the right to charge you for such Products (at the normal rate) in the event that YourDialer.me determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
YourDialer.me may collect VAT or other indirect taxes at the appropriate rate (as per applicable tax rules) at the time of purchase of YourDialer.me Credit or at a later time.6% Wyoming USA VAT generally applies if you are located in the State of Wyoming and the Products are purchased and used in the State of Wyoming. Other local taxes may apply in certain countries. When you purchase a voucher or pre-paid card, depending on the country, 6% Wyoming VAT, local VAT or other taxes may apply and may be deducted from the value of the voucher or prepaid card upon redemption. You explicitly waive any right to VAT reimbursement from YourDialer.me if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you at the time of purchase. Your YourDialer.me Credit balance is displayed exclusive of any such taxes.
19.5 Third-Party Charges.
Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
20.1 YourDialer.me Credit.
You can pay for select Paid-For Products using YourDialer.me Credit. You can purchase YourDialer.me Credit using any payment method made available to you by YourDialer.me from time to time. The YourDialer.me Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a YourDialer.me Credit voucher, at the time you redeem that voucher).
20.2 Inactive YourDialer.me Credit.
If you do not use your YourDialer.me Credit for a period of 180 days, (including YourDialer.me Credit that has been allocated to you by a YourDialer.me Manager administrator) YourDialer.me will place your YourDialer.me Credit on inactive status and your Credit shall expire. You can reactivate the YourDialer.me account by contact our Support Department. If you are located in Japan and you buy YourDialer.me Credit from the YourDialer.me Website, this paragraph does not apply to you and your YourDialer.me Credit shall expire 6 months from the date of purchase. You are not permitted to use any YourDialer.me Credit on or after the date of its expiry.
20.3 Other payment methods.
YourDialer.me does not guarantee that you will be able to use your YourDialer.me Credit balance to purchase all Products. Where YourDialer.me Credit cannot be used to pay for a Product, YourDialer.me will make another payment method available to you. YourDialer.me reserves the right to remove or amend the available payment methods at its sole discretion.
20.4 Recurring Payments.
Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that this is a recurring payment and payments shall be made to YourDialer.me by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by YourDialer.me.
(a) YourDialer.com reserves the right to introduce an Auto-Recharge feature in your account. The Auto-Recharge feature will be automatically enabled when you buy YourDialer.me Credit, unless you untick the appropriate box. Your YourDialer.me Credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for Auto-Recharge, unless you subsequently change the amount by accessing your User Account. For example, if you purchase 10 Euros of YourDialer.me Credit with your credit card, the recharge amount charged to your credit card will also be 10 Euros of YourDialer.me Credit. In future the same amount will be charged to your credit card every time your YourDialer.me account balance goes below the threshold set by YourDialer.me from time to time. If you do not want to enable Auto-Recharge, please untick the box.
(b) If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your YourDialer.me Credit balance will be recharged with the amount necessary to purchase your next recurring subscription.
(c) You can disable Auto-Recharge at any time by accessing your User Account.
21. REFUND POLICY
21.1 When you purchase Paid-For-Products directly from YourDialer.me you will be entitled to a cancellation period of thirty (30) days (a “Money-Back-Guarantee Period”) unless you have made use of the Paid-For-Products in any way, in which case the Money-Back-Guarantee Period will be extinguished and your purchase cannot be cancelled or refunded. You are entitled to a refund only for the unused Credit of your Paid-For/Prepaid Products or Services.
21.2 Money-Back-Guarantee Period (MBG), only subscriptions are refundable unless used or expired. Section 5 of this Terms of Service applies to all refunds.
21.3 Expenditure of YourDialer.me Credit, allocation of a YourDialer.me Number, or use of any aspect of a subscription amounts to “use” of a Paid-For-Product. You hereby expressly agree that YourDialer.me Numbers may be allocated before the end of the Money-Back-Guarantee Period.
21.4 The Money-Back-Guarantee Period and refunds do not apply to Paid-For-Products that are (i) purchased via a third party partner of YourDialer.me (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from YourDialer.me (e.g. vouchers or pre-paid cards) (iii) paid for in cash using third party payment methods (such as a cash payment wallet) and (iv) paid for and allocated to your YourDialer.me Account by a YourDialer.me Manager administrator.
21.5 If you believe that YourDialer.me has charged you in error, you must contact YourDialer.me within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
21.6 YourDialer.me reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if YourDialer.me reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
21.7 This refund policy does not affect your statutory rights.
22. ENDING YOUR RELATIONSHIP WITH YOURDIALER.ME
22.1 You may terminate your relationship with YourDialer.me at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or YourDialer.me Websites and cancelling any recurring payments.
22.2 YourDialer.me may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or YourDialer.me Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if YourDialer.me reasonably suspects that you are using the Software, the Products and/or YourDialer.me Websites to break the law or infringe third party rights;
(c) if YourDialer.me reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if YourDialer.me reasonably suspects that you are using our Products, Software and/or YourDialer.me Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) if you have purchased YourDialer.me Credit from an unauthorised reseller;
(f) in respect of a particular Product, on thirty (30) days notice if YourDialer.me decides to cease offering that Product;
(g) immediately, if (in YourDialer.me’s reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of YourDialer.me’s partners;
(h) on thirty (30) days notice if YourDialer.me decides to cease offering the Software to users in your jurisdiction generally.
22.3 YourDialer.me shall effect such termination by preventing your access to your User Account, the Software, Products and/or YourDialer.me Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
22.4 Consequences of Termination: Upon termination of your relationship with YourDialer.me: (a) all licenses and rights to use the Software, Products and/or YourDialer.me Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or YourDialer.me Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
23. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
23.1 For the purposes of this agreement, “YourDialer.me” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
23.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND YOURDIALER.ME WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; YOURDIALER.ME DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR YOURDIALER.ME WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. YOURDIALER.ME FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR YOURDIALER.ME WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES YOURDIALER.ME WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
23.3 Nothing in these Terms shall exclude or restrict YourDialer.me’s liability for (a) death or personal injury, (b) loss resulting from YourDialer.me’s wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
23.4 No Liability
YOU ACKNOWLEDGE AND AGREE THAT YOURDIALER.ME WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO YOURDIALER.ME, IN CONNECTION WITH OR ARISING FROM YOUR USE OF YOURDIALER.ME WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR YOURDIALER.ME WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR YOURDIALER.ME WEBSITES.
23.5 Limitation of Liability:
Subject to this agreement, YourDialer.me shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to YourDialer.me, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
(i) your inability to use the Software;
(ii) your failure to make additional arrangements to access Emergency Services;
(iii) the limitations set out in Section 11;
(iv) your failure to provide accurate physical location information to an Emergency Services operative; or
(v) conduct of third party Emergency Services operatives and calling centres to which you may be connected.
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
(i) any product or service provided by a third party under their own terms of service, including without limitation, YourDialer.me WiFi;
(ii) any Other Technology;
(iii) any third party website.
23.6 Subject to this agreement, YourDialer.me’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN ALL CASES.
23.7 If any third party brings a claim against YourDialer.me in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold YourDialer.me harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
24. THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES
24.2 You acknowledge and agree that any third-party product information and pricing that is shown on the YourDialer.me Websites regarding third-party products and services is given to YourDialer.me by the applicable third-party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate its product availability at any time. YourDialer.me is not involved in any transactions between you and any Merchant whose products and/or services are listed on the YourDialer.me Websites. YourDialer.me does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the YourDialer.me Websites; (v) links to the Merchants’ websites that are featured on the YourDialer.me Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
24.3 The Software and YourDialer.me Websites may include hyperlinks to other third party websites. YourDialer.me is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
25. ADDITIONAL TERMS
25.1 The YourDialer.me Etiquette provides guidelines on how to use YourDialer.me and how to treat the other members of YourDialer.me’s community properly and respectfully. Please read these guidelines carefully which form part of the Terms.
25.2 If you want to use the Internet Communications Software in connection with any Broadcast, you must comply with our TOS at http://www.YourDialer.me
25.3 Software Development Kits and APIs.
Software development kits provided through YourDialer.me Developer on the YourDialer.me Website (including “YourDialer.me Kit”) and the use of any application program interface (“API”) exposed or made available by YourDialer.me are subject to their own licensing terms in which case such licensing terms will govern your use of that software. If you use any such software development kit or API (as applicable) you agree that you have read and will comply with the applicable licensing terms, which are available on http://www.YourDialer.me.
26. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
27. FOR GOVERNMENT USERS ONLY
The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.
28. HOW TO CONTACT YOURDIALER.ME
28.1 To contact YourDialer.me in relation to the YourDialer.me Software or “YourDialer.me” branded Products, please submit a support request to our Support Department.
28.2 To contact YourDialer.me in relation to the YourDialer Software or “YourDialer” branded Products, please submit a support request to our Support Department.
28.3 If you contact YourDialer.me by any means described in this agreement, your request may not be acknowledged.
29.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with YourDialer.me.
29.2 For your convenience, YourDialer.me may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with YourDialer.me.
29.3 These Terms constitute the entire agreement between you and YourDialer.me with respect to your use of the Software, Products and/or YourDialer.me Websites and replace any prior agreements between you and YourDialer.me with respect to the Software, Products and/or YourDialer.me Websites.
29.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. This agreement indicates what happens if parts of it (arbitration and class action waiver) are found to be illegal, invalid or unenforceable.
29.5 The failure by YourDialer.me to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of YourDialer.me’s right or remedy. If YourDialer.me waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
29.6 You may not assign these Terms or any rights or obligations contained in them. YourDialer.me may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
29.7 This paragraph 29, along with other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
29.8 You acknowledge and agree that if YourDialer.me is unable to provide the Software, Products and/or YourDialer.me Websites as a result of a force majeure event, YourDialer.me will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of YourDialer.me.
29.9 These Terms shall be governed by and interpreted in accordance with the laws of the State of Wyoming, United States of America and shall be subject to the jurisdiction of the courts of the the State of Wyoming.
29.10 AVC/H.264 NOTICE: If the Software is used to make video calls (i) between a personal computer and a device that is not a personal computer or (ii) between devices that are not personal computers, the AVC/H.264 codec may be used to facilitate video functionality in which case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com.
30. PRODUCT SPECIFIC TERMS
30. 1 YourDialer.me Virtual Numbers.
(a) Availability and use. Where we provide you with a YourDialer.me Number, you agree that:
(i) you do not own the number or have a right to retain that number forever;
(ii) the number provided to you is subject to applicable numbering rules and regulatory practices;
(iii) you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that YourDialer.me or YourDialer.me’s partners may give to you with regard to the use of the numbers and the Products;
(iv) you will not transfer or attempt to transfer your number to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and
(v) you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. YourDialer.me reserves the right to change the terms related to YourDialer.me Numbers and/or YourDialer.me, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers. In certain countries, a number may be made available to you by a YourDialer.me partner rather than YourDialer.me, and you may need to enter into a separate agreement with such partner.
(b) Other changes to numbers. If YourDialer.me needs to withdraw or change the number that has been made available to you, YourDialer.me will use commercially reasonable endeavours to notify you by e-mail, stating the effective date of the change and where possible, your new number. If you do not wish to accept this new number, you are entitled to terminate your number.
30.2 User Account on YourDialer.me Affiliate/Manager.
(a) You are not permitted to belong to more than one YourDialer.me Affiliates/Managers at the same time.
(b) Personal and traffic data – Affiliates/Members. As a member of a YourDialer.me Affiliate/Manager account you acknowledge and agree that the administrator of the YourDialer.me Affiliate/Manager may, if you agree, view detailed information about the activity on your User Account including the time, date, duration and destination number of calls and SMS made and details of your purchases and downloads. You can withdraw your agreement at any time by changing the settings on your User Account. If you provide personal data including your name and job title to be included on the YourDialer.me Affiliate/Manager directory, you acknowledge that other members of that YourDialer.me Affiliate/Manager may view such data.
30.3 Subscriptions, Plans and Fair Use Policy
(a) Fair Usage Policy. At YourDialer.me, we want all of our customers to get the best calling plans, at the lowest possible price. This Fair Usage Policy (“FUP”) is designed to prevent fraud and abuse of our subscriptions by a small number of users.
Subject to this FUP, YourDialer.me’s unlimited subscriptions allow unlimited calls to landlines (and mobiles in certain countries) in the applicable subscription countries (excluding special, premium, service and non-geographic numbers). The countries included within your subscription are set at the time of original purchase and remain the same upon renewal. All calls will be disconnected and require a re-dial after a 90 minute duration.
(i) Using subscriptions for telemarketing or call centre operations;
(ii) Re-selling subscription minutes;
(iii) Sharing subscriptions between users whether via a PBX, call centre, computer or any other means;
(iv) Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of merely placing the call, other than for your individual business communications; and
(v) Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.
(b) YourDialer.me reserves the right to withdraw or change the subscriptions and plans at any time. If YourDialer.me changes the Products included in your subscription, YourDialer.me will notify you by email stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, with effect from the date on which the changes are due to take effect.
30.4 YourDialer.me WiFi
YourDialer.me WiFi is provided by one of YourDialer.me’s WiFi partners. Your use of YourDialer.me WiFi is subject to that partner’s terms of service. Before you start a YourDialer.me WiFi session at a specific WiFi hotspot, you will be notified of the identity of the WiFi provider and their terms of service. You will have to read their terms of service, which you agree to be subject to by proceeding with the YourDialer.me WiFi session. You can pay for YourDialer.me WiFi using your YourDialer.me Credit balance, and your use of YourDialer.me Credit is subject to these Terms of Service.
Each SMS message has a limit of 160 characters. If you type a longer message it will be broken down into several SMS messages and you will be charged for each message sent. If you send SMS messages to more than one person you will be charged for each SMS sent to each recipient. If YourDialer.me cannot (for whatever reason) send your SMS, YourDialer.me will continue to try and send the message for up to 24 hours after which time the SMS charge will be refunded to your YourDialer.me Credit balance automatically if delivery is unsuccessful.
31. CHANGES TO THIS AGREEMENT.
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning YourDialer.me, including changes to this agreement. We may give you notice of a change by posting the change on the home page of YourDialer.me, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. When posted, this agreement supersedes all previously agreed to oral written or electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of YourDialer.me services. If you continue to use our service, we will consider this your acceptance of any changes.
(a)You authorize us
(i) to investigate and/or review your credit history, including requesting a consumer report, both when you sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer base evaluation purposes not specifically associated with your account; and
(ii)to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report, and
(b)In addition, you acknowledge YourDialer.me may monitor calls for quality assurance and testing purposes.
33. EXPORT CONTROLS
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
34. COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE.
34.1 Our website content, our materials, services, logos, software, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the website content, our materials, or the mobile application software.
Infringement by you may result in civil or criminal prosecution.
34.2 Third parties may make materials available using our service.
Third parties may not be within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party’s copyright to remain on our service. If you believe any materials on our service infringe a copyright, you should give us written notice. Click here to see what information must be included in your notice and where your notice should be sent.
WHEN YOU PROCESS A TRANSACTION OR ORDER YOURDIALER.ME SERVICE YOU MUST AGREE TO YOURDIALER.ME’S TERMS OF SERVICE AND THE CUSTOMER AGREEMENT BELOW.
Please review the entire YourDialer.me Terms of Service before accepting below
My YourDialer.me Customer Agreement:
Thank you for choosing YourDialer.me. These Terms of Service set forth important information about your service, including our ability to make changes to your service or this agreement’s terms, our liability if things don’t work as planned and how any disputes between us must be resolved by arbitration. If you elect to use a YourDialer.me application on a third party device, you agree that use of that application acts as an acceptance of the third party terms and conditions associated with that third party device. If you are subscribing to YourDialer.me service under special or different terms and conditions sponsored or co-branded by a YourDialer.me business partner, the terms of service for that special service offer shall apply and supersede these Terms of Service to the extent you remain a subscriber under such third party sponsored offer. If you change your subscription to another YourDialer.me offer, or to a different third party sponsor’s offer, you will be subject to the terms of service associated with that offer. If you’re signing up for service for a minimum agreement term, this TOS contains information about that agreement term and what happens if you cancel some or all of your service early or don’t pay on time, including the possibility of an Early Termination Fee you may owe YourDialer.me.
I agree to the current YourDialer.me TOS, which I have had the opportunity to review. I understand that I may be subject to an Early Termination Fee based upon the plan I select, and am agreeing to the limitations of liability for service, settlement of disputes by arbitration instead of jury trials and other important terms in the TOS.
I understand that if I do not agree to the YourDialer.me TOS, I should close the internet browser to discontinue my order with YourDialer.me at this time.
Last Updated: March 12, 2013.