TERMS AND CONDITIONS OF USE
Terms: By
accessing ROUTECALL Inc. web site, you (the Customer) are agreeing to be bound
by these web site Terms and Conditions of Use, all applicable laws and
regulations, and agree that you (the Customer) are responsible for compliance
with any applicable local laws. If you (the Customer) do not agree with any of
these terms, you (the Customer) are prohibited from using or accessing this
site. The materials contained in this web site are protected by applicable
copyright and trade mark law.
Revisions and Errata: The
materials appearing on ROUTECALL Inc.'s web site could include technical,
typographical, or photographic errors. ROUTECALL Inc. does not warrant that any
of the materials on its web site are accurate, complete, or current. ROUTECALL
Inc. may make changes to the materials contained on its web site at any time
without notice. ROUTECALL Inc. does not, however, make any commitment to update
the materials.
Links: ROUTECALL
Inc. has not reviewed all of the sites linked to its Internet web site and is
not responsible for the contents of any such linked site. The inclusion of any
link does not imply endorsement by ROUTECALL Inc. of the site. Use of any such
linked web site is at the user's own risk.
Cookie Policy: Cookies
are small files containing information sent from ROUTECALL Inc.'s web server.
The cookie contains unique identifier that is important for proper web site
functionality. The identifier does not contain any personally identifiable
data. The cookies are stored locally on the user's device. By accepting this
agreement user agrees to allow cookies sent by ROUTECALL Inc. web server.
Trademarks and
Copyrights: All trademarks, service marks, corporate names, logos, websites
and domain names of ROUTECALL Inc. (collectively "Marks") are and
shall remain the exclusive property of ROUTECALL Inc. and nothing in these
Terms and Conditions of Use shall grant you the license to use such Marks for
any purpose. The Services, Software and materials contained in the Website and
otherwise provided by ROUTECALL Inc. are protected by copyright, or other
intellectual property laws.
Usernames/Passwords: THE
CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR
USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL
SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH
USE. AS SUCH, ROUTECALL INC. CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES
THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT. If a
Customer suspects that their Account, Username and/or Password is being used in
an unauthorized manner, the Customer shall be required to contact ROUTECALL
Inc. within twenty-four (24) hours of a Customer's suspicion or awareness that
unauthorized use has occurred on their account so that the appropriate
modifications can be made to prevent any further unauthorized usage on that
Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY
THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to
provide ROUTECALL Inc. with a secure e-mail address as ROUTECALL Inc. will not
be responsible and shall be held harmless for any access to Customers Account
by any unauthorized persons.
Disclaimer of
Liability for Damages: The materials on ROUTECALL Inc.'s web site are provided
"as is". ROUTECALL Inc. makes no warranties, expressed or implied,
and hereby disclaims and negates all other warranties, including without
limitation, implied warranties or conditions of merchantability, fitness for a
particular purpose, or non-infringement of intellectual property or other
violation of rights. Further, ROUTECALL Inc. does not warrant or make any
representations concerning the accuracy, likely results, or reliability of the
use of the materials on its Internet web site or otherwise relating to such
materials or on any sites linked to this site. IN NO EVENT WILL ROUTECALL INC.,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE
PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE
FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER 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 THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE
PERSONNEL OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY
TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT AND ANY AND
ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF
THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. DUE TO ROUTINE TECHNICAL
MAINTANANACE, SERVICE IMPAIRMANTS OR INTERRUPTIONS BEYOND ROUTECALL INC.'S
CONTROL, THE ACCESS TO THE WEBSITE MAY BE IMPAIRED. THEREFORE, ROUTECALL INC.
DOES NOT GUARANTEE THAT SERVICE IMPAIRMENTS OR INTERRUPTIONS WILL NOT OCCUR AND
DISCLAIMS ANY LIABILITY RESULTING FROM SUCH EVENTS. ROUTECALL INC.'S ENTIRE
LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPNESE FROM ANY CAUSE WHATSOEVER,
SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO ROUTECALL INC. BY YOU FOR THE
SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
NO EMERGENCY SERVICE
CALLS THROUGH ROUTECALL INC.: EMERGENCY SERVICE CALLS ARE NOT INTENDED
TO BE CARRIED / SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER ROUTECALL
INC. NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK
SERVICE PROVIDERS, CARRIERS, PARTNERS, EMPLOYEES OR VENDOR WHO FURNISHES
SERVICES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE SUCH CALLS OR YOUR
CUSTOMERS / END-USERS FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES,
SOFTWARE AND WEBSITE OF ROUTECALL INC.. IN NO EVENT WILL ROUTECALL INC. BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR
SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY
TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF ROUTECALL
INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE
INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL ANY EMERGENCY SERVICE
NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE ROUTECALL INC.'S
SERVICES.
Expiration: A Customer's
account shall refresh monthly until cancelled with ROUTECALL Inc. in accordance
with the terms set forth in this Agreement. Notwithstanding the foregoing, ROUTECALL
Inc., expressly reserves the right to cancel any account, in its sole
discretion, which has not been used and maintains a zero balance for over sixty
(60) consecutive days.
Cancellation: A Customer
may discontinue ROUTECALL Inc.'s services at any time upon notice (either
electronic or written) to ROUTECALL Inc. ROUTECALL Inc. will then shut down all
access to Customer's account. The unused balance will be credited back to
Customer as long as it is sufficient to cover associated fund transfer fees.
Agreement Term: The term
of this Agreement shall be from the inception of a Customer's Account until
termination. Continued use of the ROUTECALL Inc.
service constitutes acceptance of these terms and conditions.
Usage Fees: All
incoming and outgoing calls passing between ROUTECALL Inc. exchange members (the
Customers) are subject to a 7% service fee. All Customer accounts will be
subject to a $10 monthly administration fee if monthly transaction volume on
the account is less than $100. Service fees are subject to change.
Fund Transfer Fees: ROUTECALL
Inc. will collect a $20 fee to recharge customer's account when payment is sent
via bank transfer (wire transfer). Any payments emitted back to customers via
bank transfer (wire transfer) are subject to $30 fee which will be deducted
from the customer's account at the time of payment. Any additional bank
transfer fees are sole responsibility of the Customer. Payments received by ROUTECALL
Inc. via PayPal are subject to a fee which varies depend on the amount
transferred but is approximately 5% of the amount transferred. The fee is
calculated upon transfer and deducted from the amount Customer's account is
recharged with. For payments emitted by ROUTECALL Inc. back to Customer via
PayPal, ROUTECALL Inc. does not charge additional fee, however any fees PayPal
applies to the payment are sole responsibility of the Customer. Fund transfer
fees are subject to change.
Government Taxes: ROUTECALL
Inc. reserves its right to pass through to the Customer any new government
taxes, fees or surcharges that shall appear as an additional itemized charge on
customer's account.
Privacy Policy: To learn
about how ROUTECALL Inc. protects the Customers personal information, refer to ROUTECALL
Inc.'s Privacy Policy on the website.
Use: Customer
agrees to use ROUTECALL Inc.'s service in a lawful manner, which is consistent
with the terms and conditions of this Agreement and all applicable federal,
state and local laws and/or regulations. ROUTECALL Inc. reserves the right to
immediately, and without notice, terminate, or otherwise discontinue, a
Customer's account in the event it determines that a Customer has violated any
such term, condition, law and/or regulation.
"Missed calls" type voice traffic will be considered a violation
of these terms of use and will NOT be tolerated by ROUTECALL Inc.
Customer Service: If a
customer has any questions, concerns or complaints about the services, provided
by ROUTECALL Inc. they may contact ROUTECALL Inc.'s Customer Service Department
24 hours a day, 7 days a week by opening a Trouble Ticket using ROUTECALL Inc.
Control Panel.
No Third Party
Beneficiaries: No provision of this Agreement provides any person or entity
not a party to this Agreement with any remedy, claim, liability, reimbursement,
or cause of action or creates any other third party beneficiary rights.
Indemnity: Customer
agrees to indemnify, defend and hold ROUTECALL Inc., its officers, directors,
employees, agents, shareholders, licensors, suppliers and any third party
information providers to the Website, from and against all claims, actions,
proceedings, expenses, damages and liabilities, including attorney fees, which
are the result of, or are in any way related to, Customers use of the Website, ROUTECALL
Inc.'s services, and/or your transactions/communications with third-party
vendors initiated via the Website.
Exclusive Jurisdiction
and Venue: Any suit involving any dispute or matter arising under this
Agreement may only be brought in the Toronto District Court, Eastern or
Southern Districts of Toronto located in the province of Ontario or the Supreme
Court of Canada, Province of Ontario, which shall have jurisdiction over the
subject matter of the dispute or matter. Customer hereby expressly consents to
the exercise of personal jurisdiction by any such court with respect to any
such proceeding and waive any objection to venue or inconvenient forum and to
the waiver of any right to bring, represent or join any class action of any
kind in court or in arbitration or seek to consolidate or bring previously
consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT
OF ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE
OF SETOFF IN ANY CLAIM FILED BY ROUTECALL INC. UNDER THE TERMS OF THIS
AGREEMENT.
Severability: If any
provision of this Agreement is held to be invalid, illegal or unenforceable,
the remaining provision will of this Agreement will continue in full force and
effect.
Modifications/Amendments: ROUTECALL
Inc. reserves the right to modify these Terms And Conditions Of Use at any time
by providing such revised Terms And Conditions Of Use to you or by publishing
the revised Terms And Conditions Of Use on the Website. Your continued use of
the website shall constitute your acceptance to be bound by the terms and
conditions of the revised Terms of Use.
General Complaints: Please
send reports of activity in violation of these Terms & Conditions via email
to support(at)routecall.com. ROUTECALL Inc. will reasonably investigate incidents
involving such violations. ROUTECALL Inc. may involve and will cooperate with
law enforcement officials if any criminal activity is suspected. Violations may
involve criminal and civil liability.
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