ConsCallHome.com Terms and Conditions. Effective July 6, 2010
1. INTRODUCTION
Terms and Conditions of Service, hereinafter referred to as ("Agreement" "terms") constitute the entire Agreement between Millicorp, DBA ConsCallHome™, hereinafter referred to as ("Millicorp" "we" "us" or "our") and the user of Millicorp's communication services, hereinafter referred to as "Subscriber" "you” or "your" with respect to Millicorp services provided through the website and/or by speaking with a Customer Service Representative. By activating your account. You acknowledge having read and accepted the terms and conditions provided herein. It is the Subscriber's responsibility to review the terms clearly posted on the company website and stay aware of any changes made.
Millicorp does not use paper for "statements" or "Terms and Conditions of Service”. Our terms are permanently posted on our website; however we may on occasion opt to email or post mail the terms and conditions to our customer base. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website. By subscribing to the "Service", including any such future modifications, Subscriber agrees to be bound by this and any subsequent revised Agreement posted on our website at http://www.conscallhome.com/terms.
2. EMERGENCY SERVICES - 911 DIALING
911 DISCLOSURE DURING SUBSCRIBE
Pursuant to Federal Communications Commission (FCC) regulations, Millicorp provides 911/E911 dialing services for all of its Subscribers in areas in which the Public Safety Answering Point (PSAPs) is equipped to handle 911/E911 calls. We encourage all Subscribers to check their "My Account" section at http://www.millicorp.com and/or http://www.conscallhome.com to ensure you have properly activated the Millicorp 911/E911 service.
Millicorp 911/E911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located, the Millicorp SIP Device used, and/or Direct Line™ when using your Millicorp service.
2.1 Description of Emergency Routing Service
Millicorp customers have access to Enhanced 911 (E911), basic 911, or a national emergency call center. With E911 service, when you dial 911 your Millicorp phone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your Millicorp telephone number or your registered address. The emergency center may not be equipped to receive, capture, or retain your Millicorp telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Once local emergency centers are capable of receiving our customers' information, we automatically upgrade customers with basic 911 to E911 service.
2.2 Service Outage:
2.2.1 Power Outage and outage of E911 Services
You acknowledge and understand that Emergency Routing Service and E911 Service dialing do not function without power. Should there be an interruption in the power supply; the dialing will not function until power is restored. A power failure or disruption may require the Subscriber to reset or reconfigure the Millicorp SIP Device before using the Service, Emergency Routing Service, or E911 service dialing.
2.2.2 Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will prevent, and that network congestion may slow, ALL Service including Emergency Routing Service and/or E911 service dialing if a Millicorp SIP Device is used.
2.2.3 Other Service Outages
Like any other call, 911 calls may result in busy signals, especially during natural disasters and mass emergency events. 911 systems themselves also are subject to outages, database failures, and human error as well. If for any reason an end user does not have access to either basic 911 or E911, the 911 call will be sent to either a ten (10)-digit number at a 911 call center, or to emergency call relay center, where a trained agent will ask for your name, telephone number, and location, and then transfer you to the local emergency center nearest to your location.
2.3 Limitation of Liability and Indemnification
You acknowledge and understand that Millicorp’s liability is limited as set forth below, for any Service outage and/or inability to dial Emergency Routing Service or E911 service from your line or to access emergency service personnel. You agree to defend, indemnify, and hold harmless Millicorp, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Subscriber in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees and costs) by, or on behalf of, Subscriber or any third party or user of Subscriber’s Service relating to the (i) absence, failure or outage of the Service, including Emergency Routing Service or E911 dialing; and/or (ii) inability of Subscriber or any third person or party or user of Subscriber’s Service to be able to dial 911 or to access emergency service personnel.
2.3.1 Failure to Designate the Correct Physical Address for E911 and/or Emergency Routing Service Dialing
The address which the Subscriber provides to Millicorp is the address that is applied to your Service for both E911 and Emergency Routing Service dialing (also known as your “911 Service Address”). Should you need to change this address, you must change this in the “My Account” section at http://www.millicorp.com and/or http://www.conscallhome.com or contact Millicorp Customer Service immediately at 1-888-524-6151 to correct this address. Failure to provide the current and correct physical address and location of your Millicorp SIP Device and/or and/or Direct Line™ number as your 911 Service Address may result in the loss of E911 capability and/or will result in any Emergency Routing Service communication you may make being routed to the wrong local emergency service provider.
2.3.2 Change of Physical Location of Millicorp Equipment
You acknowledge and understand that E911 and Emergency Routing Service dialing does not function properly or may not function at all if you take your Millicorp SIP Device with you away from the 911 Service Address or physical location that you have registered with Millicorp.
2.3.3 Requires Re-Activation if You Move
You acknowledge and understand that E911 and Emergency Routing Service dialing will not function properly or at all if you move or change the physical location of your Millicorp SIP Device to a different street address, unless and until you have successfully changed your 911 Service Address in the “My Account” section at http://www.millicorp.com and/or http://www.conscallhome.com or contact Millicorp Customer Service immediately at 1-888-524-6151 to correct your 911 Service address.
2.3.4 Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Routing Service
You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of an E911 or Emergency Routing Service communication made using your Millicorp SIP Device as compared to traditional 911 dialing over traditional public switched telephone networks.
2.3.5 Automated Number Identification
For Millicorp Subscribers without E911 service, it is not possible for the PSAP and the local emergency personnel to identify your phone number when you dial 911 to access Emergency Routing Service dialing. Millicorp’s system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP, and the PSAP itself must be able to receive the information and pass it along properly. You acknowledge and understand that PSAP and emergency personnel may not be able to identify your phone number to return your call if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including, without limitation, those listed elsewhere in this Agreement.
2.3.6 Alternative Emergency Routing Service Arrangements
You acknowledge that Millicorp does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional 911 or E911 services.
3. SERVICE
Upon subscription of Service, Millicorp will hereby assign to you an individual nonexclusive, non-transferable, revocable license to access and use the Millicorp service(s), for non-commercial use. Subscriber shall have no right to sell, resell, duplicate, copy, distribute, or exploit for commercial purposes any portion, access, or use of the Millicorp service(s); nor make any claim of such right. Unless stated otherwise, any new features provided by us that can enhance the current Millicorp service(s) shall also be subject to these terms and conditions. Millicorp is not liable for any communications, information, content, and/or materials that Subscriber submits to the service and assumes all such responsibility and liability. Millicorp shall have no responsibility for the transmission or deletion of Subscriber Content. Millicorp has the right to restrict termination to any telephone numbers at its sole discretion.
Subscriber is required to prepay all uses of this service. Subscriber also agrees not to use service for any unlawful or abusive purpose or in such a way that it creates damage to services' reputation, employees, facilities, third parties, or to the public in general. It is the Subscriber's responsibility to know the rules of the inmate's facility where he/she is incarcerated. Millicorp is not liable if an inmate's location changes its telephone policy, resulting in interference with the Millicorp service(s).
Rollover minutes accumulate and expire through six (6) rolling bill periods. Rollover minutes accumulated will expire each bill period as they reach a six (6) bill period age. Rollover minutes will expire immediately upon default or if Subscriber changes to a new service plan. If Subscriber changes plans, any rollover minutes in excess of your new plan will expire. Rollover minutes are non-transferable and not redeemable for cash or credit.
Once the Subscriber account is established, Subscriber will be issued a local Direct Line™ number for the location of the facility of where the inmate is incarcerated. Subscriber understands that Millicorp does not have billing arrangements with any prison phone providers, and our service cannot accept collect phone calls. Subscriber agrees to use alternate means so the calls from your inmate are not billed as collect calls. This can be done by using a prepaid account with the contracted phone provider for the inmate's facility, calling cards utilized by the inmate, or the inmate calling direct through a commissary account. Subscriber agrees he or she FULLY understands how to set up the Millicorp service(s) and also that it is the Subscriber’s responsibility to understand the next steps to be taken. You also understand that Millicorp is NOT responsible for the third party providers to our company. If set up takes Subscriber longer than expected, Subscriber is still required to pay our service. If at any time Subscriber needs additional help on how to get set up, please visit http://www.conscallhome.com/contact-support or contact Millicorp during normal business hours at http://www.conscallhome.com/contact-us.
Millicorp provides our service(s) to Subscriber until said service(s) is cancelled. Your service term refers to the period of time for which Millicorp will bill you in advance (for example: one month or one year). The service term is the term Subscriber selected from the options available when Subscriber signed up for our service. The Subscriber’s first service term begins on the subscription date; which is the date Subscriber first ordered service, the date we gave you the phone number, or the date we successfully processed your payment, whichever is later. Subscriber service will continue until canceled by Subscriber or Millicorp as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.
Subscriber’s service term automatically renews for the same term unless service(s) is/are cancelled before the end of your then current service term. The renewal begins on the day after the last day of your service term.
3.1 Acceptable Use
Subscriber is solely liable for any transmissions sent through the Millicorp service(s). Millicorp has no control over the content of any transmission nor will be liable for such content. Subscriber shall not use the service(s) to create or distribute any images, sounds, messages, or other materials which are obscene, harassing, racist, malicious, fraudulent, infringing or libelous, nor use the service(s) for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or illegal. Furthermore, you will abide by all rules, regulations, procedures, and policies of Millicorp and any policies of the networks connected to the service(s). Subscriber agrees to abide by all applicable local, state, national, foreign, and international laws and regulations and is solely responsible for all acts or omissions that occur under the Subscriber account or password, including the content of Subscriber transmissions through the service(s).
3.2 Directory Listings
If we make available an option to list your name, address, and/or telephone number in a published directory or directory assistance database, and one or more of the following conditions occurs: (1) you request that your name, address and/or phone number be omitted from a directory or directory assistance database, but that information is included in either or both; (2) you request that your name, address and/or phone number be included in a directory or directory assistance database, but that information is omitted from either or both; or (3) the published or listed information for your account contains material errors or omissions, then the aggregate liability of Millicorp and its affiliates, suppliers or agents shall not exceed the monthly charges, if any, which you have actually paid to Millicorp to list, publish, not list, or not publish the information for the affected period. You shall hold harmless Millicorp and its affiliates, suppliers, or agents against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the errors and omissions in referenced above.
3.3 Registration, Passwords, and Privacy
In registering for the Millicorp service(s), Subscriber agrees to provide and maintain accurate and complete contact and identification information. In registering, Subscriber will designate a phone number or phone numbers and password and is responsible for maintaining the confidentiality of these items. If Subscriber provides information that is, or that Millicorp suspects to be false, inaccurate, incomplete, or not current, Millicorp has the right to suspend or terminate service(s) and refuse any and all current or future use of all service(s). In addition, Millicorp reserves the right to immediately disconnect Subscriber service at any time without notice. Subscriber agrees to enter registered private telephone numbers that are controlled by or under the common control of the Subscriber. Millicorp respects your privacy. Subscriber must immediately notify Millicorp if suspect of any breach of security such as loss, or unauthorized disclosure or use of Subscriber password and account.
4. TERMS
The term of this agreement is a month to month contract. The monthly fee charge is based on the plan Subscriber picked when setting up the account; even if the Subscriber does not receive calls, the monthly fee will be still charged. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to maintain an active account and for as many months thereafter as Subscriber chooses to continue service. Customers on yearly plans will automatically be downgraded to a monthly plan upon the expiration of the subscribed yearly term until such time the Subscriber prepays for an additional years’ service. The agreement is only with the Subscriber. The account is non-transferable. The Subscriber is responsible for paying all charges posted to their account, including monthly plan charges, deposits, set up fees, overage minutes, and any other charges associated with the account.
4.1 Providing Information to Authorities and Third Parties
If Millicorp believes the service has been used for an unlawful purpose, Millicorp may forward the relevant communication and other information including Subscriber identity, contact, and credit card information to the appropriate authorities for investigation and/ or prosecution. Subscriber consents to the forwarding of any such communications and information to any and all authorities including but not limited to Emergency 911 Service or Operator Assisted Calling.
Subscriber should always have an alternative means for accessing 911 or similar emergency services. Millicorp is not intended as a replacement of Subscribers primary phone service, such as traditional landline or mobile phone.
The Millicorp service(s) does not support 0+ or operator assisted calling including, without limitation, collect calls, third party billing calls, 900 or calling card calls. Millicorp service(s) may not support 411, 311, 511, and other N11 services in one or more service areas.
4.2 Payment for Services
Millicorp will charge Subscriber the rates in effect under the Subscriber plan as published on the ConsCallHome website (http://www.conscallhome.com/), plus any enhanced service charges or taxes at the time of subscription. Such rates may be updated by Millicorp from time to time and will be effective when published on the ConsCallHome website. Some charges (including, but not limited to, surcharges and overage minutes) may accumulate in Subscribers account before being charged for such amounts. Subscriber billing cycle starts on the day the Direct Line™ is assigned to the Subscriber account. Subscriber agrees that all payments will be made to Millicorp via a valid credit or debit card, including MasterCard, VISA, American Express, or Discover. Millicorp may change the accepted payment method at any time, at the sole discretion of Millicorp. Subscriber name and address as it appears on the Subscribers account must also be on the credit account from which payment is made. If Subscriber provides a credit card number that is accepted for payment of Subscribers monthly bill, Subscriber authorizes Millicorp to charge the amounts owed, then or later, to that credit card account and to demand immediate payment from the payment card issuer. Every time Subscriber uses the Millicorp service(s), Subscriber re-affirms that Millicorp is are authorized to charge the Subscriber’s payment card. Subscriber agrees to authorize Millicorp to charge purchases made online to the credit card account supplied to Millicorp when the subscription was initiated, or the card on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation, attorney's fees and costs incurred by Millicorp to collect any monies due under terms of this Agreement.
Subscribers first month's service is prepaid when the account is established. If for some reason the Subscriber’s phone number is not available when the service is initially purchased, Millicorp will NOT start the first month's service until the Direct Line™ has been issued to the Subscriber’s account. Generally a Direct Line™ is issued immediately upon purchase but in some cases can take two (2) to ten (10) days or longer. Subscriber cannot order a number from Millicorp without purchasing service(s).
Fees and charges are published on the Millicorp website and are subject to change without notice. Millicorp may introduce new products and/or services at special introductory pricing. Millicorp reserves the right to bill Subscriber more frequently if the account is behind or in default.
4.3 Fees upon Disconnection
Disconnection by Subscriber. If Subscriber attempts to disconnect service(s) before the end of the current service term, Subscriber is responsible for all charges in the current term, including unbilled charges, plus any disconnection fee. In addition, if Subscriber disconnects service(s) that are based upon a predetermined commitment before the end of said commitment, Subscriber agrees to pay Millicorp the applicable recovery fees.
Disconnection by Millicorp Without Reason. If Millicorp discontinues Subscriber service(s) without a stated reason, Subscriber 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(s) term charges and any recovery fees.
Disconnection by Millicorp With a Reason. If Millicorp disconnects Subscriber service for any valid reason, Subscriber will be responsible for all charges through the end of the current service(s) term, including unbilled charges plus any disconnection charges and any recovery charges.
All charges owed at the time of disconnection will be immediately payable. Millicorp will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to the credit bureaus.
4.4 Rebate and other Recovery Fees.
Any product or service you purchase from Millicorp that includes a rebate or benefit that is conditioned on maintaining any Millicorp service such as ConsCallHome™ or MilliTalk™ for a particular length of time, and if you disconnect the service before the service period ends, 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 disconnection fees. Specifically, if a rebate is provided with respect to a phone or SIP adapter you directly purchase from Millicorp, and if you cancel your service after seven (7) days of service but before the one-year anniversary of the date you ordered the service or the date your payment was processed, whichever is later, you will be charged a rebate recovery fee equal to the amount of any rebate given to you on the phone or SIP adapter.
4.5 Billing and Payment
Billing - When subscribing to the Millicorp service(s), Subscriber must provide Millicorp with a valid email address and an accepted payment method. Millicorp reserves the right to stop accepting the Subscriber’s payment method or the Subscriber’s payments. Subscriber must advise Millicorp immediately if the payment method expires, the account is closed, the billing address changes, the email address changes, or the payment method is cancelled and replaced due to loss or theft. Except for usage-based charges, Millicorp will bill in advance to the Subscriber payment method all charges, fees, taxes, and surcharges for each service(s) term. Millicorp will automatically charge the Subscribers credit card on file monthly or yearly from the day Millicorp collected full payment for service(s) and issued the Direct Line™ phone number. If Subscriber chooses to pay by money order, then payment for monthly or yearly service must be postmarked within 7 days of the billing due date.
Payment - When subscribing to the Millicorp service(s), Subscriber authorizes Millicorp to collect from the Subscribers payment method. This authorization will remain valid until 30 days after Subscriber terminates the Millicorp authority to charge the Subscribers payment method. Millicorp will charge Subscriber a disconnection fee and any other outstanding charges upon disconnecting the service.
4.6 Collection
If Millicorp disconnects the Subscriber service(s), Subscriber is responsible for all charges under this agreement and any costs incurred by Millicorp to collect said charges, including, but not limited to, collection agency fees, reasonable attorney's fees, and arbitration or court costs.
4.7 Notices
Subscriber understands it is difficult for Millicorp to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation "E" ELECTRONIC FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from Millicorp regarding the amount to be debited from the Subscribers payment method. While Millicorp may provide billing messages from time to time, Millicorp is not obligated to do so. Millicorp may change or cease said messages at any time without notice to the Subscriber.
4.8 Billing Disputes
If you want to dispute any Millicorp or ConsCallHome charges on your statement, you must notify us within seven (7) days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within seven (7) days, you waive any right to contest the charges. To dispute a ConsCallHome charge on your statement, you must contact us by telephone at 1-888-524-6151.
4.9 Taxes
Taxes are not included in Millicorp service(s) pricing except in the initial set-up transaction fee. Federal, state, and local governments may assess taxes, surcharges, or fees, or all of these, on Subscriber use of Millicorp service(s). These charges are based on the rates applicable to the address provided by Subscriber to Millicorp. Subscriber is responsible for all applicable taxes, fees, or charges for the subscription, use or payment for Millicorp service(s). These taxes and fees are subject to change at any time. 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. Tax exemption will only apply from the date we receive your certificate. Millicorp, Attn: Tax Department, 9101 W. College Pointe Drive, Suite #2, Fort Myers, FL 33919.
4.10 Cancellations and Refunds
Refunds are granted at the full discretion of Millicorp, and Millicorp has the right to deny any and all refunds. Active accounts should be cancelled prior to the next monthly billing date so Subscriber will not be charged the next monthly service(s).
If applicable, accounts that are cancelled within seven (7) days of setup may be refunded the initial monthly service and deposit. However, the set-up fee is non-refundable. Any minutes used will be deducted from any eligible refund.
If Subscriber cancels the account after seven (7) days of service, Subscriber’s final month's billing will not be prorated. Subscriber’s account will be canceled at the end of the current billing cycle, and the Subscriber’s payment method will NOT be billed again.
ALL SETUP FEES, SECONDARY LINE CHARGES, SERVICE CHARGES, TRANSFER CHARGES, PRE-PAID MINUTES AND ROLLOVER MINUTES ARE NONREFUNDABLE.
If Subscriber has paid for a full year in advance, and requests a refund within six (6) months of the initial service payment, a refund may be processed. If Subscriber cancels after six (6) months of service, Subscriber waives the right to a refund.
4.11 Termination of Service
No one other than the account holder can authorize cancellation of the account. Accounts must be cancelled by contacting our Customer Service department at 1-888-524-6151.
If an appropriate form of termination is not used, Subscriber will remain responsible for all costs and fees associated with the account.
4.12 Promotional and Discount Funds
Promotional and Discount funds are non-refundable and must be used for their intended purpose only. Millicorp may offer discounts or promotions from time to time. These offers are non-refundable and non-transferable.
4.13 Default/Negative Balance on Account
Should any Subscriber of Millicorp service(s) have a negative balance on a pre-paid account for more than thirty (30) days; Millicorp will have the right to assume the account is in default, to close the account, and to proceed with a remedy for collection. Subscriber agrees to be responsible for any Millicorp and/or third party collection company fees, attorney fees and costs, or any and all fees associated with the Subscriber’s default account. Reactivation of this account is only possible after the negative balance is paid in full and any reactivation or late charges that may become due are also paid in full.
If this Agreement is terminated because of Subscriber’s default, Millicorp may keep any charges or sums prepaid by Subscriber upon termination. Millicorp may require reactivation charges to renew service(s) after termination or suspension thereof.
Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.
5. DISPUTE RESOLUTION AND BINDING ARBITRATION
It is important to thoroughly read and understand this entire section. This section provides for and mandates dispute resolution via a binding arbitration before a neutral arbitrator instead of a judge or jury for disputes or claims arising under this Agreement.
5.1 All disputes or claims arising under this Agreement shall be presented in writing to the other party. If the parties are unable to resolve the dispute or claim within thirty (30) days of receipt of written notice thereof, the dispute or claim shall be arbitrated by a mutually agreed upon neutral third party. This agreement to arbitrate is intended to be given the broadest possible meaning under the law including, but not limited to, disputes and claims arising out of or relating to any aspect of the relationship between Subscriber and Millicorp, whether based in contract, 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 Subscriber is not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to Millicorp and Subscriber include their respective subsidiaries, affiliates, agents, employees, predecessors in interest, and successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this Agreement or any prior agreements between Subscriber and Millicorp.
5.2 Waiver of Jury Trial
Subscriber and Millicorp agree to waive the right to a trial by jury, by entering into this Agreement.
6. MONITORING
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary in order to protect our service, Millicorp, affiliates, directors, officers, agents, and employees from harm.
7. NO THIRD PARTY BENEFICIARIES
If you are not a part 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.
8. 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 Millicorp. This Agreement governs your use of our service and the use of our services by the members of your household and your guests and employees. This agreement supersedes any/all prior or contemporaneous agreements, statements, understandings, writings, commitments, or representations concerning its subject matter.
9. 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, any required notices, agreements, changes to agreements, and other information regarding Millicorp’s service(s). It is the Subscriber's responsibility to review the terms clearly posted on the company website to be aware of any changes made. Changes will become binding on the date they are posted on the company website. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.
10. PRIVACY POLICY
We do not sell your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority. We may, in some circumstances, provide your information to trusted parties for purposes such as: responding to 911 calls and other emergencies; complying with court orders and other legal processes or procedures as dictated by Federal, State or Local government entities; enforcing our agreements and property rights and obtaining payment for our products and services, including the transfer of delinquent accounts to trusted parties for collection.
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.
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 or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither Millicorp 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 Millicorp's or its service providers’ or vendors' negligence. Statements and descriptions concerning our service or device, if any, by Millicorp or Millicorp's agents or installers are informational and are not given as a warranty of any kind.
11.3 Device Warranties and Limitations
(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 got 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 subscription 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. 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 seven (7) days of setup, you may obtain a credit for the amount paid for the Millicorp SIP Device, if you return your Millicorp SIP Device to us according to the Return Policy.
(d) Return Policy. We offer a refund on any Millicorp SIP Device that is returned to Millicorp within 14 days of canceling your service, or fourteen (14) days from the date that Millicorp originally shipped the device if you are not cancelling your service, if you meet the following conditions:
- Service Cancellation: You cancel your service within seven (7) days of setup
- Wear and Tear: We receive your Millicorp SIP Device in its original condition, reasonable wear and tear excluded, no later than 14 days after you cancel your service, or fourteen (14) days from the date that Millicorp originally shipped the device if you are not cancelling your service:
- Return Authorization: Before returning your Millicorp SIP Device to us, you need to obtain a valid return authorization number (RMA) from our Customer Service department which can be reached at 1-888-524-6151.
- Millicorp SIP Device: The Millicorp SIP Device is returned in its original condition with UPC or barcode intact including all components and manuals such as power cord, CAT5 cable, and the Millicorp SIP Device itself.
- Shipping costs: You pay all shipping costs to return the Millicorp SIP Device to us.
(e) 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 Customer Service department immediately at 1-888-524-6151.
(f) 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 until the time you return it to us according to this agreement.
11.3.1 Tampering with the Device.
You may not change the electronic serial number or equipment identifier or encryption keys or other authentication or technical data of your device or perform a factory reset of your device without first getting our written consent.
11.3.2 Prohibited Devices.
You are prohibited from using Millicorp’s service(s) with any devices other than Millicorp-approved devices received from us.
11.3.3 DISCLAIMER OF WARRANTIES.
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE, FOLLOWING THE TERM OF THE LIMITED WARRANTY, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, FOLLOWING THE TERM OF THE LIMITED WARRANTY, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, 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" 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.
11.4 No Credit Allowances for Interruption of Millicorp Service.
We will not give you credit for any interruption of Millicorp service, including international calling services.
11.5 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including E911, basic 911, or Emergency Routing Services, at any time or any interruption or degradation of voice quality that is caused by any of the following:
- Third party act or omission - any act or omission of an underlying carrier, service provider, vendor, prison, prison phone provider, or other third party;
- Equipment failure - any equipment, network, or facility failure;
- Equipment modification - any equipment, network, or facility upgrade or modification;
- Force majeure - any force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
- Equipment shortage - any equipment, network, or facility shortage;
- Equipment relocation - any equipment or facility relocation;
- Loss of power - any service, equipment, network, or facility failure caused by the loss of power to you;
- Outages - any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
- Acts or omissions - any act or omission by you or any person using our service or the device provided to you; or
- Other causes - any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
11.6 Disclaimer of Liability for Damages.
In no event will Millicorp, 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 access emergency service personnel through the E911, basic 911, or emergency routing services or to obtain emergency help. These limitations apply to claims founded in breach of contract, 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.
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. Therefore, we are not responsible for whether these entities answer calls using our 911 dialing service, how these entities answer these calls, or how these entities handle them. We rely on third parties to assist us in routing 911 calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither Millicorp 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 our 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. Millicorp will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.
12. INDEMNITY
Subscriber agrees to defend, indemnify and hold harmless Millicorp, our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to Subscriber use of the service(s) including, without limitation, E911, basic 911, or emergency routing services in use with your Millicorp SIP Device(s), your violation of this Agreement, or your communication of any content on or through the service(s). Subscriber agrees that Millicorp shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the service(s), whether or not you are given prior notice thereof. If Subscriber cancels the service, Subscribers' number(s) may be made available to other Subscribers.
12.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
13. PROPRIETARY RIGHTS
Millicorp shall retain all right, title, and interest to the service(s) including all copyrights, trademarks, patents, and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the service(s). Subscriber may not, nor allow any third party to, access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the service(s) for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the service(s), and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease, or other right in the service(s) to any third party. All rights not expressly granted under this Agreement are retained Millicorp.
14. COPYRIGHT & TRADEMARK
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
15. GOVERNING LAW
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 preempted by or inconsistent with applicable federal 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 5.
16. SURVIVAL
The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
17. 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.
18. SEVERABILITY
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.
