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AGE AND RESPONSIBILITY You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all your uses of this site. Rates, Fees and Surcharges: The rates applicable to all telecommunications services shall be the rates charged by the underlying carrier at the time the PIN is purchased. All rates apply only to calls originated in the United States. Telecommunications services may also be subject to fees and surcharges, including without limitation per call fees or surcharges as set by the underlying carrier. An additional surcharge will be assessed for calls originated from a pay phone. These fees and/or surcharges are assessed at the time the call is made and are in addition to the per minute rate applicable to the call. The effective underlying carrier rates, fees and surcharges applicable to the telecommunications services are posted on this web site and may be accessed by the Customer prior to purchase by clicking on RATES above. By agreeing to purchase a Prepaid Calling Card (PIN), Customer agrees to pay the rates fees and surcharges in effect for that Prepaid Calling Card (PIN) at the time of purchase. Expiration of Cards: All prepaid cards shall have an expiration date (generally 1 year or less), linked to the date of purchase, at which point it shall expire automatically. The expiration date is communicated to you along with your PIN Number and Access Number immediately following purchase. Any unused minutes or value shall be forfeited upon expiration Promotions: ValuCom maintains the right to suspend any promotion without notice. Previously purchased services and/or products will not be exchanged for current promotional Products or Prices. RESPONSIBILITY FOR USAGE AND FRAUD Customer shall be solely and exclusively responsible for the use and control of access to its PIN and for all usage attributable to its PIN, including unauthorized or fraudulent usage. Customer shall not be entitled to a refund or compensation of any kind on the claim that its PIN was subject to unauthorized or fraudulent usage. REFUNDS. Once a PIN has been activated, ValuCom is not obligated to provide any refunds for lost, theft, misuse, unauthorized use or unused units, or for misprints or misunderstandings of written materials or for deficiencies in the quality or availability of telecommunications services. Within 48 hours, if you decide to cancel your product/service, then ValuCom will refund you for the unused portion of your product. After 48 hours of purchase, if you would like to return/ cancel your product/service, and there are no service/quality issues with your product, ValuCom will charge you a $10 cancellation fee for processing. If you are experiencing continued product/service troubles, then we will rectify this problem as soon as possible. If this problem continues, ValuCom will either swap or cancel your product/service with no additional charge. USE OF PRODUCTS OR SERVICES ValuCom reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion if ValuCom believes that Customer conduct violates applicable law or may be harmful to the interests of ValuCom, any affiliated person or entity or ValuCom's other Customers. WARRANTY VALUCOM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY FACT OR BY OPERATION OF LAW, IN CONTRACT OR TORT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR REGARDING THIS WEB SITE, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED IN THIS WEB SITE, OR ANY PRODUCT OR SERVICE SOLD OR PURCHASED THROUGH THIS WEB SITE. RISK OF LOSS The risk of loss of all PINs purchased through this web site shall pass to Customer immediately upon purchase and Customer shall assume all risk of loss. ValuCom shall not be obligated to provide credits or refunds (in any form or amount) to for lost or stolen PINs, misused PINs, unauthorized or fraudulent use of PINs, or for PINs that have unused or expired minutes. OTHER LEGAL CONSIDERATIONS ValuCom products/services may not be used for any unlawful purpose. ValuCom reserves the right to discontinue furnishing service or limit the use of service necessitated by conditions beyond its control or where ValuCom believes in good faith that the Customer is using services in violation of the law or in a manner that threatens ValuCom or the continued availability or viability of ValuCom's products or services. ValuCom will support authorities in prosecuting anyone who uses this web site or the products or services available at this web site in an unlawful manner and will vigorously pursue all legal remedies where such unlawful conduct causes harm to ValuCom. LIMITATION OF LIABILITY In no event shall ValuCom be liable to any person or entity whatsoever for indirect, incidental, consequential, economic, exemplary, special or punitive damages including without limitation lost or anticipated revenues or profits, arising from any cause whatsoever, whether in contract or tort, or damages arising from any errors, mistake, omission, interruption or delay in the course of establishing, furnishing, changing or terminating any service provided for herein, or for accuracy or completeness of any information provided in this web site, even if ValuCom has been advised of the possibility of such damages. In no circumstance shall ValuCom's liability to any Customer exceed the value, calculated at ValuCom's then-applicable rates, of the unused minutes on a Customer's PIN. Points & Rewards * The Points and rewards program is subject to change without notice. * Actual products may be slightly different from what is shown. * Delivery time for products: 4 to 6 weeks. TERMS & CONDITIONS APPLICABLE TO THE USE OF THIS WEB SITE Your use of this site, either as a "visitor" (i.e., someone who accesses the site but does not make a purchase) or as a "customer" (i.e., someone who makes a purchase through the site) is expressly conditioned on your acceptance of the following terms and conditions. By using this site, or making a purchase through this site, you signify your Agreement to these terms and conditions. If you do not agree with any part of the following terms and conditions, you MAY NOT use this site. USE OF THIS WEB SITE This site is provided by Value Communication Corporation (ValuCom) on an "as is" basis. ValuCom makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, material, or additional products included on this site. You may only use this site to obtain information regarding the services and products available from ValuCom (or others authorized to advertise or to sell their products or services through this web site) or to purchase such products and services and you shall not use this site for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ValuCom, except that you may download, display and print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. ValuCom and its affiliated entities reserve the right to refuse access to this web site or the ability to purchase products or services through this web site if ValuCom believes that a Customer's use hereof violates applicable law or may be harmful to the interests of ValuCom, any affiliated person or entity, or ValuCom's other Customers. LINKS This site may contain links to other web sites, which are provided solely as a convenience to you and not as an endorsement by ValuCom of the contents of such other web sites. ValuCom shall not be responsible for any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. SECURITY ISSUES ValuCom has implemented security measures designed to protect data conveyed to or from ValuCom during a Customer's use of this web site. ValuCom has also implemented procedures to help insure that this web site is secure for credit card transactions. ValuCom, however, shall not be responsible for the security of your data or for fraudulent use of a credit card to make purchases through out this web site nor shall ValuCom be obligated to make refunds or to provide any compensation where such fraudulent use occurs. ValuCom also shall not be responsible for the security protections (or absence thereof) provided by other web sites to which this web site may contain a link. FORCE MAJEURE ValuCom's obligations under this Agreement are subject to, and ValuCom shall not be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, including without limitations, acts or omissions of third party service providers, or any other cause beyond ValuCom's reasonable control. Please feel free to contact ValuCom to resolve a complaint regarding any aspect of service relating to this site by writing to the above address, sending e-mail tosupport@valucomonline.com or calling (888) 825-8266. Upon your request, you may have these Terms and Conditions sent to you by e-mail. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. ASSIGNMENT This Agreement and the PINs sold hereunder are intended for the use by the Customer and this Agreement shall not be deemed to grant any rights to any third party. Customer may not assign its rights under this Agreement, in whole or in part, to any third party. RESERVATION OF RIGHTS This site is created and controlled by Value Communications Corporation. We reserve the right to make changes to our site and these disclaimer, terms, and conditions at any time. Customer's right of access and use of this site shall not be deemed as a waiver of any of ValuCom's rights hereto nor shall it be deemed as a grant of any rights to Customer to any of the information, intellectual property or other matters described or set forth herein. ARBITRATION In the event of any controversy or claim arising from or related to this Agreement, its performance or interpretation, the parties, in good faith, initially will attempt to resolve the dispute among themselves. Failing such resolution, the parties mutually agree to submit the matter to arbitration before the American Arbitration Association ("AAA") at the office in NYC, NY. CALIFORNIA LEGAL NOTICE Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. 43 West 24th Street-7th Floor, New York, NY 100108, is the provider of the electronic commercial service on this site. Currently there are no charges to the consumer imposed by ValuCom for use of this site, other than the cost of any products purchased on or through the site and any applicable taxes and shipping fees associated with such purchases. These charges appear for each purchase on the Order Confirmation pages relating to each purchase. ValuCom lists its Payment Methods and Sales Tax Policy and Shipping Policy on this site. ValuCom reserves the right to change its pricing and to begin charging for use of all or any portion of this site. FEES AND EXPENSES ASSOCIATED WITH ARBITRATION If any party institutes an action against any other party regarding this Agreement, the prevailing party will receive, in addition to any damages or other relief, all costs reasonably incurred, including reasonable attorneys' fees. SEVERABILITY OF PROVISIONS In the event that any section, paragraph or portion of this Agreement is deemed by any court (or final decision of arbitrators) having lawful jurisdiction of the subject matter of this Agreement to be void, voidable or invalid for any reason, this Agreement will be deemed valid and enforceable as if the void, voidable or invalid section, paragraph or portion of this Agreement had not been a part of this Agreement in the first instance. CHOICE OF LAW Jurisdiction to enjoin the violation of this Agreement or to implement the determination of any arbitration panel, shall reside exclusively in the courts of the State of Illinois and federal courts sitting in that State. The laws of the State of Illinois shall also govern all legal issues arising out of your use of this web site without regard to choice laws issues. BINDING EFFECT Customer and Visitor agree to be bound by the terms of this Agreement. This Agreement shall also be binding upon the parties, their successors, heirs, assigns and personal representatives NO GENERAL WAIVER In the event that any section, paragraph or portion of this Agreement is waived, whether by the action or inaction of a party, that waiver will be only for that section, paragraph or portion of this Agreement and only for that instance and will not be considered a permanent waiver of that section, paragraph or portion of this Agreement. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and supersedes all previous verbal and written agreements, representations or warranties of any kind made by or between the parties. AUTHORITY AND CONSENTS Each person using this web site represents that he has the right, power, legal capacity, and authority to bind himself to the terms of this Agreement and that no approvals or consents of any other person or entities are necessary. |
