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Terms &
Conditions of Use
Customer Service Agreement
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Acceptance of terms and conditions.
Active TeleCom Solutions through
Lagunawave, Inc. ("Company") provides VoIP telecommunication
services ("Service") to you ("You") in conjunction with the
PID ("Personal Internet Device) aka. Chatter Bug
("Product"), subject to the following conditions:
By registering and activating the Service, You
acknowledge receipt of this Customer Service Agreement
("Agreement") and expressly accept the terms and conditions
of the Agreement. If You do not agree to this Agreement,
immediately cease registration, do not use the Service and
return the Product.
This Agreement governs both the Service and the Product
used in conjunction with the Service.
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Term
and Use.
The Service commences on activation and
continues on a monthly basis with prorated charges only for
the month of activation. The Agreement automatically renews
on a monthly basis unless You provide proper notice of
termination. You may use the Service within the United
States (calls may be directed to, but not initiated in
Canada.) As the Company makes international calling
available, Company will list available countries and the
associated charges for international calls on its web-site.
You acknowledge and understand that the Service is not a
telephone service and that the Service requires connection
to a telephone service provider in order to operate. Be
advised that in most cases your Caller-ID will be passed to
the caller.
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Installation of PID ChatterBug™.You are
responsible for the proper installation of the PID
ChatterBug Product. Please follow the instructions on the
package to ensure the lines are properly connected and the
Service has been fully activated. You may also consult the
website or call technical support to confirm or clarify the
installation instructions. If properly installed, the LED
light on the device will be activated during a long distance
call that utilizes the Service. A review of the long
distances charges will also confirm that the Service has
been correctly activated. Any long distance charges incurred
due to the failure to properly install the Product are Your
sole responsibility.
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Limitations on Use.
You are solely responsible for the content
of transmissions utilizing the Service. You agree to observe
or perform the following related to your usage of the
Service:
(a) not use the Service for any illegal purpose;
(b) to comply with all applicable local, state, national, and
international laws and regulations related to your use of
the Service;
(c) not use a third party's account or local identifier
without proper authorization;
(d) not interfere or disrupt networks connected to the
Service or otherwise attempt to interfere with the proper
function of the Service;
(e) not to use the Service to make repeated unsolicited
contacts, stalk, threaten, or harass; and
(f) attempt to obtain unauthorized access to the
Service.
As provided for below, Company may immediately
terminate your use of the Service without advance notice in
the event You violate any of the above provisions as
determined by Company in its sole discretion. Further,
Company has the right to notify appropriate authorities of
conduct that violates certain prohibitions.
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Scope
of Use.
The Service is provided for personal and
residential use. This means that the Service will not be
used for professional, commercial, or governmental use,
including telemarketing, solicitations, polling,
autodialing, continuous or extensive call forwarding, fax
broadcast, fax blasting or any other activity that be
inconsistent with normal individual and residential usage
patterns. If Company determines in its sole and absolute
discretion, that your use is for a business, professional or
governmental purpose, Company reserves the right to charge a
higher rates for the Service provided and/or to immediately
terminate the Service. You agree that you are using the
Service for your own internal use and not for resell. You
may not transfer or assign the Service to any third party
without express written permission.
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Termination of Service.
a. The monthly Service will renew each month
until terminated by proper written notice. Notice of
termination must be in writing to the email address notated
on the Company web-site and will become effective at the end
of the calendar month the notice is received. The notice
must be given ten (10) days before the end of the month in
which the notice is given. Monthly service fees will not be
prorated for the month of termination. Termination does not
excuse You from paying unpaid accrued charges and fees.
upon notice of service cancellation You must ship, according
to instructions provided by technical support or available
on the Company web-site, the p.i.d. Product to Company.
Failure to do so will result in a charge to your debit or
credit card for the amount of $120.00.
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b. Company
reserves the right, in its sole discretion, to suspend or
terminated your use of the Service upon notice. You will be
responsible for all charges through date Service is
terminated. Company will not be liable to you or any third
party for termination of the Service regardless of the
reason for termination, or the lack of a reason, or the
timing of the termination. Sections 14, 17, 19, 20 and 23
shall survive termination of the Agreement.
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Service Modification.
Company has the right to change, suspend or
cancel the Service, temporarily or permanently, with or
without prior notification to You. Company will not be
liable to You or any third party in the event that Company
exercises its right to modify or discontinue the Service. In
the event Company determines to terminate the Service,
Company will use reasonable efforts to provide notification
prior to termination and Company will cease charging your
credit card upon such termination.
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Payment.
The Service is provided on a monthly basis and
is paid in advance for each month. All usage charges are
billed in increments that are rounded up to the nearest
minute.
(a) Prior to activating the Service, You must provide
Company with a valid debit or credit card number from an
accepted card issuer. The billing charges will include
monthly Service fees, applicable taxes and any other
applicable charges. Monthly Service fees are charged in
advance to your debit or credit card. (b) If your card
expires, your account closes, your billing address changes
or the card is cancelled and replaced, You must notify
Company immediately. Company may terminate your Service at
any time if any charge to your credit card is declined or
reversed or if your credit card has expired and has not been
replaced by a new debit or credit card. (c) Your
initial and continued use of the Service authorizes Company
to charge the debit or credit card account number on file,
including any changed information if the card expires or is
replaced. This authorization will remain valid until 30 days
after Company receives your proper written notice
terminating the authority to charge your credit card.
(d) You must notify Company in writing within 30 days
after receiving your billing or credit card statement if You
dispute any charges for the month billed or such dispute
will be deemed waived. For billing disputes, please contact:
1-888-728-3895.
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Taxes.
Except for applicable state and federal taxes
associated with your use of the Service, You are responsible
for and shall pay any other applicable federal, state,
provincial, municipal, local or other governmental sales,
use, excise, value-added, personal property, public utility
or other taxes, fees or charges related to your use of the
Service. State and local governments may assess taxes,
surcharges and/or fees on your use of the service. These
charges may be a flat fee or a percentage of the service
charges and may change from time to time without notice.
These charges are based on the rates applicable to the
address you provided to us. You are responsible for all
applicable federal, state, provincial, municipal, local or
other governmental sales, use, excise, value-added, personal
property, public utility or other taxes, fees or charges now
in force or enacted in the future, that arise from or as a
result of your subscription or use or payment for the
Service or a Device. Such amounts are in addition to payment
for the Service or Devices and will be billed to your credit
card as set forth in this Agreement. If you are exempt from
payment of such taxes, you must provide us with an original
certificate that satisfies applicable legal requirements
attesting to tax-exempt status. Tax exemption will only
apply from and after the date we receive such certificate.
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Registration of Location.
You agree that for each Product used for
the Service, You must register the address utilized for
billing or debit or credit card verification and the
telephone number that will be connected to the Service. If
you relocate the Product, You must provide Company with
notification of the new location or the Service will cease
to be available. Company reserves the right to terminate
your Service if it determines You are using the Service at
an unregistered location.
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Technical Support.
Company provides You with technical support by
email or contacting technical support at 1-888-728-3895.
Company will use commercially reasonable efforts to timely
correct all verifiable technical support issues.
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Limited Guaranty.
Company offers a 30 day Money Back Guaranty
subject to the conditions outlined below ("Guaranty"). Under
this Guaranty, Company will refund all the charges and fees
incurred, so long as the conditions of the Guaranty are
satisfied. In order to be entitled to the Guaranty, You must
cancel the Service within 30 days of activation and return
the Product within 7 days of cancellation. However, if You
have generated more than 200 minutes of usage of the Service
following activation, You will be charged for one month of
usage. All other fees and charges will be refunded. You must
return the Product, unaltered and undamaged, [with the
original packaging] to Company. Please return the Product to
Active TeleCom Solutions 1660 Gateway Drive Suite 215
Vallejo Ca. 94589 . You are responsible for the cost and
risk of return shipping. The refund for Service charges will
be a credit on the debit or credit card provided at
activation.
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Non-Availability of 911 Service.
You acknowledge and understand that Company does
not support traditional 911 access to emergency services
through the Service. However, since the Product does not
interfere with your normal telephone use, there should be no
interference with your ability to access emergency response
services.
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Service Outages.
You agree that if there is an interruption of
the Service for any reason, including power outages, lack of
telephone service, natural events or acts of hostility, such
interruption will prevent the Service from functioning.
Company and its agents and service providers will not be
liable for any failure of performance due to causes beyond
its control, including acts of God , fires, floods, natural
catastrophes, emergencies, insurrections, riots or wars,
strikes, lockouts and compliance with any law, order or
regulatory action.
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Intellectual Property Rights; Tampering with Product.
Any software, firmware or other technology
used with the Service or contained in the Product are the
property of Company and protected by patent, copyright or
other intellectual property laws and treaties. By this
Agreement You are not granted any rights or license to these
intellectual property rights with limited revocable license
to access the Service and use the Product to access the
Service. You shall not modify, alter or tamper with,
disassemble or reverse engineer the Product or any
technology embedded in the Product in any manner. Any effort
to modify, alter or tamper with, disassemble or reverse
engineer the Product is grounds for termination and voids
any warranty provided for in this Agreement.
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Risk
of Loss.
You are the lessee of the Product and bear
the risk of loss, theft or damage. You agree to immediately
notify Company if the Product is lost or stolen. Until
Company receives notification of loss, You are liable for
all charges. A charge of $120.00 will be assessed for lost
or stolen Products.
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Modifications to Agreement.
Company has the right to modify the terms and
conditions of this Agreement from time to time. The
modification will be posted on the Company's web-site and
effective on the date posted. The Agreement as posted
supersedes all previous agreements.
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Indemnification.
You agree to indemnify and hold Company
harmless, including the directors, officers, shareholders,
affiliates, agents, successors, assigns of Company and other
service providers who provide services to you in connection
with this Agreement or the Services, from any claims,
liability, costs, fines, damages or expenses, including
reasonable attorneys' fees and costs, relating to this
Agreement, arising from any breach of this Agreement or any
error or omission by You in the use of the Service.
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Limited Product Warranty.
Company warrants that the Product will allow You
to connect to and use the Service. If the Product fails to
perform as intended following registration, please contact
technical support at 1-888-728-3895. In the event that
technical support has confirmed that the failure relates to
a defective Product, your sole remedy is for Company to
replace the Product with a new Product or a full refund of
the purchase price for the Product, as selected by You . The
new Product will be shipped to you at Company's expense. In
order to receive the new Product, You must ship, according
to instructions provided by technical support or available
on the Company web-site, the defective Product to Company.
Failure to do so will result in a charge to your debit or
credit card for the amount of $120.00.This warranty shall be
effective for [ninety days] from date of activation.
OTHER THAN THE WARRANTY PROVIDED ABOVE, COMPANY
MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND
EXPRESSLY DISCLAIMS WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMER OF
WARRANTIES AND LIMITATION OF DAMAGES PROVIDED BELOW APPLY TO
THE PRODUCT AND THE LIMITED WARRANTY PROVIDED ABOVE.
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Disclaimer of Warranties.
Except for the limited warranty provided in
Section 18 related to the Product, Company disclaims all
warranties, including implied warranties of merchantability
and fitness for a particular purpose. Company makes no
representation or warranty of any kind express or implied,
as to the Service, Company makes no warranty that:
(i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, secure,
error-free or without voice degradation, and
(iii) the transmission of the Service will be accurate
or reliable.
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Limitation on Damages.
IN NO EVENT SHALL COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS,
ASSIGNS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES
TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, BE
LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES,
INCLUDING LOSS OF DATA, LOSS OF REVENUE OR PROFITS, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE
SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE
PERSONNEL THROUGH THE SERVICE. THIS LIMITATION APPLIES
WHETHER THE CLAIM IS BASED ON A BREACH OF CONTRACT, A BREACH
OF WARRANTY, PRODUCTS LIABILITY, TORT AND ANY AND ALL OTHER
THEORIES OF LIABILITY AND APPLIES WHETHER OR NOT COMPANY WAS
INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES. DAMAGES SHALL
NOT EXCEED AND BE LIMITED TO THE PURCHASE PRICE FOR THE
PRODUCT AND ALL CHARGES PAID FOR THE SERVICE.
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Remedies for Breach.
In the event You have breached any provision of
this Agreement, Company has the right to (i) warn You by
email of the breach and provide an opportunity to correct
the breach or (ii) terminate your use of the Service.
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Privacy Information
Company is committed to implementing measures to
protect your privacy while using the Service. You may go to
the Company's website at
http://activetelecomsolutions.fortunecity.com to review the
Company's Privacy Policy. As stated in the policy, Company
only uses the information for legitimate business purposes
and does not sale your personally identifiable information
to third parties. Absent a subpoena, court order or other
legal process, Company will not divulge call activity during
use of Service.
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Governing Law.
This Agreement is governed by the laws
of the State of California without regard to its conflicts
of law provisions.
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Dispute Resolution.
Any dispute or claim between You and Company
arising out of or relating to the Service or Product or this
Agreement shall be resolved by binding arbitration through
the American Arbitration Association in accordance with it
Commercial Arbitration Rules before a single arbitrator. The
arbitration shall take place in Los Angeles, California .
The parties agree that the arbitrator will be bound by the
damage limitations set forth in this Agreement and that the
arbitrator decision is final. Any judgment awarded by the
arbitrator may be entered in any court having competent
jurisdiction. Company agrees to pay all administrative fees
required by the American Arbitration Association, however,
all fees charged by the arbitrator will be spilt by the
parties. Company is entitled to seek reimbursement of those
fees if it is awarded a judgment. YOU ACKNOWLEDGE THAT THIS
ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A
JURY TRIAL.
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Miscellaneous.
In the event that any provision of this
Agreement conflicts with the law under which this Agreement
is to be construed or if any such provisions are held
invalid by a court with jurisdiction over the parties to
this Agreement, such provision will be deemed to be restated
to reflect as nearly as possible the original intentions of
the parties in accordance with applicable law, and the
remainder of this Agreement will remain in full force and
effect.
The failure of any party to insist upon or enforce
strict performance by the other party of any provision of
this Agreement or to exercise any right under this Agreement
will not be construed as a waiver or relinquishment to any
extent of such party's right to assert or rely upon any such
provision or right in that or any other instance, rather,
the same will be and remain in full force and effect.
Company may assign our rights and obligations under
this Agreement, and upon such assignment Company may be
relieved of any further obligation hereunder. This
Agreement, and any modifications of this Agreement by our
company as provided above, constitute the entire
understanding between the parties as to subject matter
hereof, and supersede all prior agreements and
understandings. Any legally unenforceable provision of this
Agreement will, at the election of our company, be deleted
or modified to correct the defect and, regardless, the
remainder of the terms of this Agreement will remain valid
and enforceable.
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Consent to Receive Electronic Documents.
You consent to the receipt of billing statements
and records in electronic form in lieu of paper statements
and records. Your electronic records may be emailed to the
email account that You have provided to Company. By using
the Service, You are also agree to the use of electronic
signatures in lieu of wet-ink, physical signatures. You may
request a paper copy of any electronic record that Company
sends to You by sending an email request to Company. There
will be a nominal charge for complying with this request.
You can also request this by sending a written request to
our address of record, ATTN: Electronic Records.
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Acknowledgment.
You represent to Company that You have the
authority and capacity to understand and agree to this
Agreement. You acknowledge (a) that You have read and
understood these conditions; and (b) that these conditions
have the same force and effect as a signed agreement.
Accept Terms And Conditions
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