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Terms
and Conditions
This agreement ("Agreement") is between Veenio Digital
Communications Inc. ("we," "us" or "Veenio") and the user ("you,"
"user" or "Customer") of Veenio's enhanced residential and small
business communications services and any related products or
services ("Service"). This Agreement governs both the Service and
any devices, such as an IP phone Veenio Terminal Adapter, Analog
Telephone Adapter or any other IP connection device ("Device" or
"Equipment"), used in conjunction with the Service. By activating
the Service, you acknowledge that you have read and understood, and
you agree, to the terms and conditions of this Agreement, and you
represent that you are of legal age to enter this Agreement and
become bound by its terms.
BY
USING OR PAYING FOR THE SERVICE, YOU AGREE TO THE PRICES, CHARGES,
TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE
PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICE AND
CANCEL THE SERVICE IMMEDIATELY BY CALLING VEENIO AT THE TOLL FREE
NUMBER ON THE FIRST PAGE OF YOUR INVOICE FOR FURTHER DIRECTIONS.
Veenio may change the Terms and Conditions of this Agreement from
time to time. Notices will be considered given and effective on the
date posted at
www.veenio.com.
The Agreement posted supersedes all previously agreed to electronic
and written Terms and Conditions.
1. SERVICE
1.1
Term
Service is offered on a monthly basis for a term which begins on the
date that Veenio activates your Service and ends on the day before
the same date in the following month. Subsequent terms of this
Agreement automatically renew on a monthly basis without further
action by you unless you give Veenio written notice of non-renewal
at least ten [10] days before the end of the monthly term in which
the notice is given. You are purchasing the Service for full monthly
terms, meaning that if you attempt to terminate Service prior to the
end of a monthly term, you will be responsible for the full month's
charges to the end of the then-current term, including without
limitation unbilled charges, plus a disconnect fee, all of which
immediately become due and payable. Expiration of the term or
termination of Service does not excuse the Customer from paying all
unpaid, accrued charges due in relation to the Agreement.
1.2
Residential Use of Service and Device
If you have subscribed to Veenio's Residential services, the Service
and Device are provided to you as a residential user, for your
personal, residential, non-business and non-professional use. This
means that you are not using them for any commercial or governmental
activities, profit-making or non-profit, including but not limited
to home office, business, sales, tele-commuting, tele-marketing,
autodialing, continuous or extensive call forwarding, fax broadcast,
fax blasting or any other activity that would be inconsistent with
normal residential usage patterns. This also means that you are not
to resell or transfer the Service or the Device to any other person
for any purpose, or make any charge for the use of the Service,
without express written permission from Veenio in advance. You
agree that your use of the Service and/or Device, or the use of the
Service and/or Device provided to you by any other person for any
commercial or governmental purpose will obligate you to pay Veenio's
higher rates for commercial service on account of all periods,
including past periods, in which you use, or used, the Service for
commercial or governmental purposes. Veenio reserves the right to
immediately terminate or modify the Service, if Veenio determines,
in its sole discretion, that Customer's Service is being used for
non-residential or commercial use.
1.3
Small Business Use of Service and Device - Prohibition on Resale
If you have subscribed to Veenio's Small Business services, the
Service and Device are provided to you as a small business user.
This means that you are not to resell or transfer the service or
device to any other person for any purpose, without express written
permission from Veenio in advance. You agree that the Veenio Small
Business Plans do not confer the right to use the service for
auto-dialing, continuous or extensive call forwarding,
telemarketing, fax broadcasting or fax blasting. Veenio reserves the
right to immediately terminate or modify the Service, if Veenio
determines, in its sole discretion, that Customer's Service is being
used for any of the aforementioned activities.
1.4
Prohibited Uses
You agree to use the Service and Device only for lawful purposes.
This means that you agree not to use them for transmitting or
receiving any communication or material of any kind when in Veenio's
sole judgment the transmission, receipt or possession of such
communication or material (i) would constitute a criminal offense,
give rise to a civil liability, or otherwise violate any applicable
local, state, national or international law or (ii) encourages
conduct that would constitute a criminal offense, give rise to a
civil liability, or otherwise violate any applicable local, state,
national or international law. Veenio reserves the right to
terminate your service immediately and without advance notice if
Veenio, in its sole discretion, believes that you have violated the
above restrictions, leaving you responsible for the full month's
charges to the end of the current term, including without limitation
unbilled charges, plus a disconnect fee, all of which immediately
become due and payable. You are liable for any and all use of the
Service and/or Device by any person making use of the Service or
Device provided to you and agree to indemnify and hold harmless
Veenio against any and all liability for any such use that fails to
comply with this Section 1.4. If Veenio, in its sole discretion
believes that you have violated the above restrictions, Veenio may
forward the objectionable material, as well as your communications
with Veenio and your personally identifiable information to the
appropriate authorities for investigation and prosecution.
1.5
Use of Service and Device by Customers Outside the United States
While we encourage use of the Service within the United States to
other countries you do so at your own risk, including the risk that
such activity violates local laws in the country where you do so.
You are liable for any and all use of the Service and/or Device by
any person making use of the Service or Device provided to you.
1.6
Loss of Service Due to Power Failure or Internet Service Outage or
Termination or Suspension or Termination By Veenio
You acknowledge and understand that the Service does not function in
the event of power failure. You also acknowledge and understand that
the Service requires a fully functional broadband connection to the
Internet (which is not provided by Veenio) and that in the event of
an outage of, or termination of service with or by, your Internet
service provider (“ISP”) and/or broadband provider, the Service will
not function, but that you will continue to be billed for the
Service unless and until you or Veenio terminate the Service in
accordance with this Agreement. Should there be an interruption in
the power supply or ISP outage, the Service will not function until
power is restored or the ISP outage is cured. A power failure or
disruption may require the Customer to reset or reconfigure
equipment prior to utilizing the Service. Should Veenio suspend or
terminate your Service, the Service will not function until such
time as Veenio restores your Service (which may require payment of
all invoices and reconnection fees owed by you or cure of any breach
by you of this Agreement).
1.7
Copyright / Trademark / Unauthorized Usage of Device, Firmware or
Software
The Service and Device and any firmware or software used to provide
the Service or provided to Customer in conjunction with providing
the Service, or embedded in the Device, and all Services,
information, documents and materials on Veenio's web site(s) are
protected by trademark, copyright or other intellectual property
laws and international treaty provisions. All web sites, corporate
names, service marks, trademarks, trade names, logos and domain
names (collectively "marks") of Veenio are and shall remain the
exclusive property of Veenio and nothing in this Agreement shall
grant you the right to right or license to use such marks. You
acknowledge that you are not given any license to use the firmware
or software used to provide the Service or provided to Customer in
conjunction with providing the Service, or embedded in the Device,
other than a nontransferable, revocable license to use such firmware
or software (without making any modification thereto) strictly in
accordance with the terms and conditions of this Agreement, and that
the Device is exclusively for use in connection with the Service.
If you decide to use the Service through an interface device not
provided by Veenio, which Veenio reserves the right to prohibit in
particular cases or generally, you warrant and represent that you
possess all required rights, including software and/or firmware
licenses, to use that interface device with the Service and you will
indemnify and hold harmless Veenio against any and all liability
arising out of your use of such interface device with the Service.
1.8
Tampering with the Device
You agree not to change the electronic serial number or equipment
identifier of the Device, or to perform a factory reset of the
Device, without express permission from Veenio in each instance.
Veenio reserves the right to terminate your Service should you
tamper with the Device, leaving you responsible for the full month's
charges to the end of the current term, including without limitation
unbilled charges, plus a disconnect fee, all of which immediately
become due and payable.
1.9
Theft of Service
You agree to notify Veenio immediately, in writing or by calling the
Veenio customer support line, if the Device is stolen or if you
become aware at any time that your Service is being stolen or
fraudulently used. When you call or write, you must provide your
account number and a detailed description of the circumstances of
the Device theft or fraudulent use of Service. Failure to do so in
a timely manner may result in the termination of your Service and
additional charges to you. You will be liable for all use of the
Service using a Device stolen from you and any and all stolen
Service or fraudulent use of the Service.
1.10 Return of Device
The Device may be returned to Veenio within fourteen (14) days of
the line termination to receive a credit for the $39.95 disconnect
fee (refer to section 3.6 of this document regarding termination
fees), provided: (i) Customer retained proof of purchase and
original packaging and (ii) contents are undamaged and in original
condition and (iii) and all documentation and packaging materials
are returned. If Customer receives cartons and/or Devices that are
visibly damaged, please note the damage on the carrier's freight
bill or receipt and keep a copy. Keep the original carton, all
packing materials and parts intact and contact Veenio's customer
care department immediately. Warranty coverage varies depending on
the type of Device that Customer chooses. Please refer to the
Veenio warranty materials included in the packaging of your Device(s).
1.11 Number Transfer on Service Termination
Veenio may, solely at the Company's discretion, release the
telephone number that was used in connection with your Service
provisioned by Veenio to your new service provider, if such new
service provider is able to accept such number, upon your
termination of the Service, and provided (i) your account has been
terminated; and (ii) your Veenio account is completely current
including payment for all charges and disconnect fees; and (iii) you
request the transfer upon terminating your account.
1.12 Service Distinctions
You acknowledge and understand that the Service is not a telephone
service. Important distinctions exist between telephone service and
the enhanced Service offering provided by Veenio. The Service is
subject to different regulatory treatment than phone service. This
treatment may limit or otherwise affect your rights.
1.13 Notice of Rate Changes
Veenio may change the prices and charges for the Service from time
to time. We may change prices without providing advance notice.
Changes to any other rates, charges, or terms or conditions in the
Agreement will be published
www.Veenio.com.
1.14 Ownership and Risk of Loss
You
shall be deemed the owner of the Device, and bear all risk of loss
of, theft of, casualty to or damage to the Device, from the time it
is shipped to you until the time (if any) when it is returned by you
pursuant to Section 1.10 and has been received by Veenio.
1.15 No 0+ and x11 Calling
You acknowledge and understand that the Service does not support 0+
(including without limitation collect, third party billing or
calling card calling), 311, 411, 511, 911 and/or other x11 calling.
2. EMERGENCY SERVICES- 911 DIALING
1.
E911 Not Available in All Locations
In
areas of the United States where E911 is not available, traditional
911 services will be provided. E911 routes calls to emergency
services answering centers along with the caller’s telephone number
and registered location. Traditional 911 service also routes calls
to the emergency services answering center but without the caller’s
location information or callback number.
2.
Registration of Physical Location Required
The
physical location where you will be using the Service must be
registered with
Veenio
for each phone number that you use with the Service. When you move
the
Veenio
Sipura device to another location, you must register your new
location. If you do not register your new location, any 911 call
that you make may be sent to an emergency response center near your
previously registered address. You must register your initial
location of use when you subscribe to the
Veenio
Service. Thereafter, you may register a new location by going to the
Account Management section of the
Veenio
web site
3.
Confirmation of Activation Required
Customer’s 911 dialing feature will not be activated for any phone
line used with the
Veenio
Service, unless and until Customer receives an email from
Veenio
confirming that 911 dialing has been activated for that phone line.
4.
Contact With Emergency Personnel
Veenio
contracts with a third party to use the address of Customer’s
registered location to determine the nearest emergency response
center and then forwards your calls to that center. You authorize
Veenio
to disclose your name and address to third-party service providers,
including, without limitation, call routers, call centers and public
service answering points, whenever the digits 911 are dialed from
your phone line, for the purpose of dispatching emergency services
personnel to your registered location.
5.
Service Outages
-
Service Outages Due to Power Failure or Disruption. 911 dialing does
not function in the event of a power failure or disruption. If there
is an interruption in the power supply, the Service, including 911
dialing, will not function until power is restored. Following a
power failure or disruption, you may need to reset or reconfigure
the Device prior to utilizing the Service, including 911 dialing.
-
Service Outages Due to Internet Outage or Suspension or Termination
of Broadband Service or ISP Service. Service outages or suspensions
or terminations of service by your broadband provider or ISP will
prevent all Service, including 911 dialing, from functioning.
-
Service Outage Due to Suspension or Termination of
Veenio
Account. Service outages due to suspension or termination of your
account will prevent all Service, including 911 dialing, from
functioning.
-
Service Outages Due to ISP or Broadband Provider Blocking of Ports
or Other Acts. Your ISP or broadband provider or other third party
may intentionally or inadvertently block the ports over which the
Service is provided or otherwise impede the usage of the Service. In
that event, provided that you alert us to this situation, we will
attempt to work with you to resolve the issue. During the period
that the ports are being blocked or your Service is impeded, and
unless and until the blocking or impediment is removed or the
blocking or impediment is otherwise resolved, your Service,
including the 911 Dialing feature, may not function. You acknowledge
that
Veenio
is not responsible for the blocking of ports by your ISP or
broadband provider or any other impediment to your usage of the
Service, and any loss of service, including 911 Dialing, that may
result. In the event you lose service as a result of blocking of
ports or any other impediment to your usage of the Service, you will
continue to be responsible for payment of the Service charges unless
and until you terminate the Service in accordance with this
Agreement.
-
Other Service Outages. If there is a Service outage for any reason,
such outage will prevent all Service, including 911 dialing, from
functioning. Such outages may occur for a variety of reasons,
including, but not limited to, those reasons described elsewhere in
this Agreement.
6.
Re-Activation Required if Customer Changes the Telephone Number or
Add or Port New Numbers.
911
dialing does not function if you change the phone number or if you
add or port new phone numbers to your account, unless and until you
successfully register your location of use for each changed, newly
added or newly ported phone number.
7.
Possible Lack of Automatic Number Identification for Callback.
It
may or may not be possible for the local emergency personnel to
identify your phone number when you use 911 dialing. As a result,
the operator who answers a 911 call may not be able to automatically
obtain your phone number and call you back if the call is not
completed or is not forwarded, is dropped or disconnected, if the
caller is unable to speak to tell the operator the phone number, or
if the Service is not operational for any reason.
8.
Possible Lack of Automatic Location Identification.
It
may or may not be possible for the local emergency personnel to
identify your location when you use 911 dialing. As a result, the
operator who answers a 911 call may not be able to automatically
obtain your phone number and dispatch emergency services if the call
is not completed or is not forwarded, is dropped or disconnected, if
the caller is unable to speak to tell the operator the phone number,
or if the Service is not operational for any reason.
9.
Disclaimer of Liability and Indemnification.
We
do not have any control over whether, or the manner in which, calls
using our 911 dialing service are routed to emergency response
centers by third parties, or in which they are answered or addressed
by any local emergency response center.
Veenio
disclaim all responsibility for the conduct of other telephone
carriers, local emergency response centers and the national
emergency calling center.
Veenio
rely on third parties to assist us in routing 911 dialing calls to
local emergency response centers and to a national emergency calling
center.
Veenio
disclaim any and all liability or responsibility in the event such
third party data used to route calls is incorrect or yields an
erroneous result. Neither
Veenio
nor its officers or employees may be held liable for any claim,
damage, or loss, and you hereby waive any and all such claims or
causes of action, arising from or relating to our 911 dialing
service unless such claims or causes of action arose from our gross
negligence, recklessness or willful misconduct. You shall defend,
indemnify, and hold harmless
Veenio,
its officers, directors, employees, affiliates and agents and any
other service provider who furnishes services to you in connection
the Service, from any and all claims, losses, damages, fines,
penalties, costs and expenses (including, without limitation,
attorneys fees) by, or on behalf of, you or any third party relating
to the absence, failure or outage of the Service, including 911
dialing, incorrectly routed 911 dialing calls, and/or the inability
of any user of the Service to be able to use 911 dialing or access
emergency service personnel.
10.
Alternate 911 Arrangements.
If
you are not comfortable with the limitations of
Veenio’s
911 dialing service, you should consider maintaining an alternate
means of accessing traditional 911 or E911 services or terminating
the Service.
3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
3.1
Billing
You must give us a valid credit card number when the Service is
activated. If the card expires, you close your account or your
billing address changes, or the card is cancelled and replaced owing
to loss or theft, you must advise Veenio at once. We will bill all
charges monthly to your credit card, including but not limited to:
activation fees, monthly Service fees, international usage charges,
advanced feature charges, equipment purchases and shipping and
handling charges. Veenio reserves the right to bill at more
frequent intervals if the amount due at any time exceeds $50.
3.2
Billing Disputes
You must notify Veenio in writing within 7 days after receiving your
credit card statement if you dispute any Veenio charges on that
statement or such dispute will be deemed waived. Billing disputes
should be notified to the following address:
Customer Care Billing Department
Veenio Digital Communications Inc.
Street
City,
State, Zip U.S.A.
+1-8xx-xxx-xxxx
+1-xxx-xxx-xxxx
or
billing@Veenio.com
3.3
Payment
Veenio only accepts payments by credit card. Your acceptance of
this Agreement Veenio to charge the credit card account number on
file with Veenio, including any changed information given Veenio if
the card expires or is replaced, for Veenio charges that accrue
during the billing cycle. This authorization will remain valid
until 30 days after Veenio receives your written notice terminating
Veenio's authority to charge your credit card. Veenio may terminate
your Service at any time in its sole discretion, if any charge to
your credit card on file with Veenio is declined or reversed or in
case of any other non-payment of account charges. Termination of
Service for declined card, reversed charges or non-payment leaves
you FULLY LIABLE to Veenio for ALL CHARGES ACCRUED BEFORE
TERMINATION and for charges incurred by Veenio owing to your
non-payment, such as (but not limited to) collection costs and
attorney's fees.
3.4
Termination/Discontinuance of Service
Veenio reserves the right to suspend or discontinue providing the
Service generally, or to terminate your Service, at any time in its
sole discretion. If Veenio discontinues providing the Service
generally, or terminates your Service in its discretion without a
stated reason, you will only be responsible for charges accrued
through the date of termination, including a pro-rated portion of
the final month's charges. If your Service is terminated for any
stated reason, including without limitation violation of this
Agreement, or because of any improper use of the Service or Device
(such as, but not limited to, your attempts to hack, disrupt, or
misuse the Service), you will be responsible for the full month's
charges to the end of the current term, including without limitation
unbilled charges, plus a disconnect fee, all of which immediately
become due and payable.
3.5
Taxes
Customer is responsible for, and shall pay any applicable federal,
state, 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 Customer's 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 account. If
Customer is exempt from payment of such taxes, it will provide
Veenio with an original government-issued certificate attesting to
tax-exempt status. Tax exemption will only apply from and after the
date Veenio receives the Tax Exempt Document.
3.6
Disconnect Fee
Customer will be charged a disconnect fee of $39.95 per voice line
upon termination of Service for any reason or for convenience by
Customer. The disconnect fee becomes due and payable immediately
upon termination and will billed directly to Customer's credit
card. If Customer has multiple lines, Customer will be charged a
disconnect fee of $39.95 per line for each line disconnected. To
receive a credit for the disconnect fee, Customer must return the
Device(s) undamaged and in original condition within fourteen (14)
days of termination. Veenio will not credit Customer if the
Device(s) is damaged or not in its original condition as received by
the Customer. In the event Customer disconnects multiple lines,
Veenio will issue Customer a credit for all disconnect fees upon
receipt of all Devices (e.g., Veenio Terminal Adapters, etc.) in
accordance with this Section.
3.7
Money Back Guarantee
Veenio offers a 30-day money back guarantee, applicable to one
primary line per account, not additional or secondary lines. Under
terms of the Money-Back Guarantee, Veenio refunds the activation
fee, first month of service, shipping charges and waives the
disconnect fee. Veenio reserves the right to terminate or revoke the
Money-Back Guarantee at any time, without prior notice.
User must cancel service within 30 days of the account activation.
Equipment must be returned within 14 days. Usage must not exceed 500
minutes within the first 30 days of service. User is responsible for
any charges for overage, international traffic or directory
assistance. Accounts exceeding 500 minutes of usage are not eligible
for refund.
All returned equipment must be in the original packaging with the
UPC or bar code intact. All components, manuals and registration
card(s) must be included. Equipment must be returned with a valid
return authorization number obtained from Veenio Customer Care. User
is responsible for return shipping of equipment. The money back
guarantee will not be honored if user fails to meet all above
requirements. To obtain a return authorization number, user must
contact billing@Veenio.com
3.8
60-Day Free Cell Phone Access Trial
Veenio offers a 60-day free cell phone access trial whereby upon
sign-up for the Service you can elect to enable an enhanced service
feature to access the Service from your cell phone. To access the
Service from your cell phone, you must dial our access number
provided to you by Veenio on your purchase receipt. Accessing the
Service from your cell phone using a toll free number will incur a
2.5 cents charge for each minute you access the Service. If you
elected the 60 day free trial for this enhanced service feature upon
sign up for the Service, then you acknowledge and agree to be billed
$4.95 per month for the cell phone access feature which lets you
access the Service from your cell phone upon expiration of the 60
day free trial unless you notify Veenio no later than 5 days before
the expiration of the free trial that you do not want to use the
cell phone access feature. Upon notification, we will disable this
feature from the Service and you will not be billed for the monthly
service fee for the cell phone access feature. If you did not elect
the 60 day free trial period upon sign-up for the Service and
subsequently want to enable this feature, you will be billed a $4.95
activation fee. After the 60-day free trial period, you may cancel
your cell phone access feature by giving Veenio written notice at
least 5 days before the end of your monthly Service term. If after
cancellation you wish to enable the feature, you will be billed a
$4.95 activation fee. You are purchasing the cell phone access
feature for full monthly terms meaning that if you attempt to
terminate the cell phone access feature prior to the end of a
monthly term, you will be responsible for the full month’s charges
to the end of the current terms. Notifications of cancellation
should be sent to: billing@Veenio.com.
3.9
Payphone Charges
If you make use of Veenio’s Toll Free feature or any toll free
feature that may be offered in the future, you acknowledge and agree
that Veenio is entitled to recover from you any charges Imposed on
Veenio by payphone owners or operators, either directly or
indirectly through Veenio’s suppliers in connection with toll-free
calls made to your number or any charges imposed on Veenio by its
suppliers to recover such cost. Veenio may recover these amounts by
means of a $0.79 per call charge.
4. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
4.1
Limitation of Liability
Veenio shall not be liable for any delay or failure to provide the
Service, including 911 dialing, at any time or from time to time, or
any interruption or degradation of voice quality that is caused by
any of the following:
1.) act or omission of an underlying carrier, service provider,
vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god;
strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the
loss of power to Customer; or
8.) any other cause that is beyond Veenio's control, including
without limitation the failure of an incoming or outgoing
communications, the inability of communications to be connected or
completed , including 911 dialing, or degradation of voice
quality.
Veenio's liability for any failure or mistake shall in no event
exceed Service charges with respect to the affected time period.
4.2
No Consequential Damages
In no event shall Veenio, its officers, directors, employees,
affiliates or agents or any other service provider who furnishes
services to Customer in connection with this Agreement or the
Service be liable for any incidental, indirect, special, punitive,
exemplary or consequential damages, or for any damages, including
but not limited to loss of data, loss of revenue or profits, or
arising out of or in connection with the use or inability to use the
Service, including inability to be able to dial 911 or to access
emergency service personnel through the Service. The limitations
set forth herein apply to claims founded in breach of contract,
breach of warranty, products liability, tort and any and all other
theories of liability and apply whether or not Veenio was informed
of the likelihood of any particular type of damages.
4.3
Indemnification
Customer agrees to defend, indemnify, and hold harmless Veenio, its
officers, directors, employees, affiliates and agents and any other
service provider who furnishes services to Customer 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) by, or on behalf of, Customer
or any third party or user of Customer's Service, relating to this
Agreement, the Services, including 911dialing, or the Device. This
paragraph shall survive termination of this Agreement.
4.4
No Warranties on Service
Veenio makes no warranties, express or implied, including but not
limited to, any implied warranties of merchantability or fitness of
the Service or the Device for a particular purpose. Veenio does not
warrant that the Service will be without Service failure, delay,
interruption, error, degradation of voice quality or loss of
content, data or information. Neither Veenio nor its officers,
directors, employees, affiliates or agents or any other service
provider or vendor who furnishes services or products to Customer in
connection with this Agreement or the Service will be liable for
unauthorized access to Veenio's or Customer's transmission
facilities or premises equipment or for unauthorized access to, or
alteration, theft or destruction of, Customer's data files,
programs, procedures or information through accident, fraudulent
means or devices or any other method, regardless of whether such
damage occurs as a result of Veenio's or its service provider's or
vendors' negligence. Statements and descriptions concerning the
Service or Device, if any, by Veenio or Veenio's agents or
installers are informational and are not given as a warranty of any
kind.
4.5
No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from Veenio and the Device
included a limited warranty at the time of purchase, Customer must
refer to the separate limited warranty document for information on
the limitation and disclaimer of certain warranties. If Customer's
Device did not include a limited warranty from Veenio at the time of
purchase, Customer agrees that it accepts its Device "as is" and
that Customer is not entitled to replacement or refund in the event
of any defect.
4.6
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.
4.7
Content
You are liable for any and all liability that may arise out of the
content transmitted by or to you or Users using the Services. You
shall assure that your or User's use of the Services and content
will at all times comply with all applicable laws, regulations and
written and electronic instructions for use. Veenio reserves the
right to terminate or suspend affected Services, and/or remove Your
or Users' content from the Services, if Veenio determines that such
use or content doer not conform with the requirements set forth in
this Agreement or interferes with Veenio's ability to provide
Services to you or others or receives notice from anyone that Your
or Users' use or Content may violate any laws or regulations.
Veenio's actions or inaction under this Section shall not constitute
review or approval of Your or Users' use or Content. You will
indemnify and hold Veenio against any and all liability arising from
the content transmitted by or to you or to Users using the
Services. A "User" means any person, whether authorized or
unauthorized, using the Service and/or Device provided to you.
5. GOVERNING LAW / RESOLUTION OF DISPUTES
5.1
Mandatory Arbitration
Any dispute or claim between Customer and Veenio arising out of or
relating to the Service or Device provided in connection with this
Agreement shall be resolved by arbitration before a single
arbitrator administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules. The arbitrator's
decision shall follow the plain meaning of the relevant documents,
and shall be final and binding. Without limiting the foregoing, the
parties agree that no arbitrator has the authority to: (i) award
relief in excess of what this Agreement provides; or (ii) award
punitive or exemplary damages. Judgment on the award rendered by
the arbitrators may be entered in any court having jurisdiction
thereof. All claims shall be arbitrated individually and Customer
will not bring, or join a punitive or certified class action to
arbitration or seek to consolidate or bring previously consolidated
claims in arbitration. Customer acknowledges that this arbitration
provision constitutes a waiver of any right to a jury trial.
5.2
Governing Law
The Agreement and the relationship between you and Veenio shall be
governed by the laws of the
State
of ??
without regard to its conflict of law provisions. You and Veenio
agree to submit to the personal and exclusive jurisdiction of the
courts located within the
State
of ??
. The failure of Veenio to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such
right or provision. If any provision of the Agreement is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the Agreement remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
5.3
Entire Agreement
This Agreement and the rates for Services found on Veenio's web site
constitute the entire agreement between you and Veenio and govern
your use of the Service, superseding any prior agreements between
you and Veenio and any and all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning
its subject matter. No amendment to this Agreement shall be binding
upon Veenio unless and until posted in accordance with Section 3
hereof.
5.4
Severability
If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement are still valid and
enforceable. Such invalidity or non-enforceability will not
invalidate or render unenforceable any other portion of this
Agreement.
6. PRIVACY
Veenio Service utilizes, in whole or in part, the public Internet
and third party networks to transmit voice and other
communications. Veenio is not liable for any lack of privacy which
may be experienced with regard to the Service. Please refer to our
Privacy Policy at
www.Veenio.com
for additional information.
Last Updated: April 1, 2008
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