USER TERMS OF ACCEPTABLE USE, RIGHTS AND OBLIGATIONS AGREEMENT
Effective July 1, 2006
"You," are the Site-User.
"Us"/"We," is Pay-Tel Communications, Inc. ("Pay-Tel")
Clicking "I agree" below also constitutes, in particular, acknowledgment of, acceptance of, and consent to the disclaimers of warranties, limitations of liability, and indemnification arrangements specifically outlined below.
In exchange for:
Clicking "I agree" below constitutes the indication of your electronic signature, thereby creating a valid and legally enforceable contract.
Additional Terms, Conditions, and Obligations of Use by the Site-User
Pay-Tel will comply with and is bound by all applicable laws and regulations that pertain to this site, to include those laws specific to users in the State of North Carolina. By use, you agree to be bound in such use of the website to the same laws and regulations, if applicable.
You agree that the total aggregate monetary liability for Pay-Tel arising out of your use of this website may never exceed the total price paid to Pay-Tel for services.
You agree to defend, indemnify and hold harmless Pay-Tel, and its affiliates, officers, shareholders, and agents, from all claims, losses, liens, expenses, suits, and attorneys' fees for any damages of any kind, including, without limitation: any special, consequential, incidental, or indirect damages to any person or entity that may in any way arise out of or result from or in connection with your use of this website or any of the information or other resources provided by or through this website.
You agree to defend, indemnify and hold harmless Pay-Tel, and its affiliates, officers, shareholders, and agents, in the event that your use of this website or any of the information, forms, or other resources provided by or through this website:
- constitutes a violation of any applicable law or regulation (including, without limitation, copyright and intellectual property laws)
- is unfair, fraudulent, or deceptive, or
- is intended to threaten, harass, intimidate, or defame any person or entity.
You agree that any use of this website is for your own personal, non-commercial use.
In using this website, you agree to accept all information, documents, communications, files, text, graphics, software, and products that communicate to your computer.
You may not hyper-link, "hot link," or otherwise effect the connection or association of this website to any other website or web domain without the express and written consent of Pay-Tel. Such consent will and must be accompanied by a separate and written agreement with its own terms and conditions.
Should you provide any billing information to Pay-Tel by or through this website, to include, but not limited to: credit card numbers/information, check card numbers/information, checking account routing/account information, or any other means for payment, you agree that you are responsible for any and all use of such information by any party for the purchase of services provided by Pay-Tel. Further, you agree to hold harmless Pay-Tel, and its affiliates, officers, shareholders, and agents, from all claims, losses, liens, expenses, suits, and attorneys' fees for any damages of any kind, including, without limitation: any special, consequential, incidental, punitive, or indirect damages to any person or entity that may in any way arise out of or result from or in connection with the unauthorized use of such payment information, and that your only remedy, should there be one, is with your issuing financial institution upon its contract terms with you.
By supplying contact information to Pay-Tel, you agree that Pay-Tel may contact you by telephone or electronic mail, even if you are listed on any federal or state "Do Not Call" registry, about any application for any service through this website, the status of any such application, any alternatives available to you in the event your application is rejected, and any and all other services or relevant communications that, in the sole judgment of Pay-Tel, are necessary to provide or prevent providing any Pay-Tel service.
This website may periodically change at any time, and without notice to you. Pay-Tel may make improvements and or changes in the services described on this website at any time, also without notice to you.
You are prohibited from interfering in any way, form, or fashion with the function of, the information contained in, the configuration of, and the purpose for the website.
You are also prohibited from using this website for any and all illegal or improper purposes (as solely defined by Pay-Tel). Pay-Tel will exercise all its legal recourse available, to include, prosecution under the Federal Computer Fraud and Abuse Act.
You are prohibited from inserting any false, fraudulent, indecent, or obscene information into any form provided for data entry, and that your usage will comply with all requirements of North Carolina and federal law.
Disclaimer of Warranties
ALL INFORMATION, FORMS, AND ANY AND ALL OTHER RESOURCES AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS."
PAY-TEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF LEGAL EFFECT, ACCURACY IN OMISSION OR EXPLICIT REFERENCE, APPROPRIATENESS, COMPLETENESS, AND NON-INFRINGEMENT
Pay-Tel disclaims any warranty, express, implied, or would-be imputed, that the website, as downloaded, is virus- and/or spyware-free. Pay-Tel cannot, nor does it, guarantee or warrant that it is virus- or spyware-free when it is downloaded by the site-user.
Limitation of Liability
IN NO EVENT SHALL PAY-TEL, OR ITS AFFILIATES, OFFICERS, AGENTS, OR SHAREHOLDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, FORMS AND ANY AND ALL OTHER RESOURCES PROVIDED ON OR THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION:
- ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, OR
- ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION
YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.
THIS LIMITATION OF LIABILITY IS FULLY INTEGRATED AND AGREED TO BY AND THROUGH USE OF THIS WEBSITE EVEN IF PAY-TEL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
These limitations apply regardless of the failure of any essential purpose of any limited remedy.
Statement Concerning Intellectual Property, Copyright and Trademark
All copyrights are owned by Pay-Tel. You may make a copy of any or all of the material posted on this website and web domain but only for personal use, and if you so do, then you must include all copyright and trademark markings included on the webpage.
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the website constitutes trade dress and is the property of Pay-Tel. The trade dress of Pay-Tel is protected by trade dress and other laws, and it may not be copied or imitated in whole or in part. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell any information or software obtained from this website, nor may any logo, graphic, sound or image derived of the website be copied or imitated except by prior written agreement with Pay-Tel.
The absence on the website of a Pay-Tel service name, slogan, or logo does not constitute a waiver of Pay-Tel's trademark or other intellectual property rights relating to such name or logo.
Legal Redress for Grievances
You agree that any dispute arising out of use of this website shall be resolved, at the sole discretion of Pay-Tel, by means of alternative dispute resolution, the type of which and time of which to be determined at the sole discretion of Pay-Tel. Any and all efforts to redress grievances in any other manner, to include filing with any court, shall be rendered null and void. You agree to give up your right to go to Court to assert or defend any right as against Pay-Tel. You also give up your right to participate in or bring class actions.
If Pay-Tel is the prevailing party, Pay-Tel shall be entitled to recover its costs of the alternative dispute resolution vehicle so chosen, and the costs of any related judicial proceeding, including reasonable attorney's fees.
If an arbitration proceeding is chosen, then the dispute shall be finally and exclusively settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures in effect at the time of Pay-Tel's election for arbitration, and judgment on the award may be entered in any Court having competent jurisdiction. The arbitration shall be held before one arbitrator in Greensboro, North Carolina. The arbitrator shall not have the power to award damages in connection with a dispute in excess of the actual compensatory damages. The arbitrator shall not multiply actual damages or award consequential, punitive or exemplary damages. A decision by Pay-Tel to elect arbitration as the means for redress of grievances shall not be an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Choice of Law/Venue
Any and all legal or equitable issues, claims, or otherwise shall be subject to the laws of the State of North Carolina, and shall be brought to federal or state courts located in North Carolina.
Any such issues, claims, or otherwise, are subject to a 90 day Statute of Limitations, to be measured from the date and time of use of this website. You agree that beyond those 90 days, any and all claims, in law or in equity, are null and void.
Reservation of Rights
Severability, Construction and Integration
Agreement and Binding of Legal Contract
By clicking "I agree" below, you state, as a legal matter, the following:
- I hereby attest that I am over the age of 18.
© Pay-Tel Communications, Inc. 2011