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Terms
and Conditions
The use of this site is governed by the policies, terms and conditions
set
forth below. Please read them carefully. Your use of this site
indicates your
acceptance of these terms and conditions. Your placement of an order
indicates
your acceptance of these terms and conditions. Your submittal of any
purchase
order to SaveCellUnlimited.com indicates acceptance of these terms and
conditions. These
terms and conditions shall supersede any subsequent terms or conditions
included with any purchase order, whether or not such terms or
conditions are
signed by SaveCellUnlimited.com. SaveCellUnlimited.com reserves the
right to make changes
to this
site and these terms and conditions at any time.
Disclaimer
and Limitation of Liability as to
Products Sold
All of SaveCellUnlimited's products are guaranteed against defects for
30 days
from the
date of the invoice. Except as expressly stated herein,
SaveCellUnlimited.com
makes no
representations or warranties, either express or implied, of any kind
with
respect to products or services sold on the www.SaveCellUnlimited.com
site. Except as expressly stated herein, SaveCellUnlimited expressly
disclaims
all
warranties, express or implied, of any kind with respect to products
or services sold on
this site, including but not limited to, merchantability and fitness
for a
particular purpose. You agree that the sole and exclusive maximum
liability to SaveCellUnlimited arising from any product or service sold
on the www.SaveCellUnlimited.com
site
shall be the price of the product or service ordered. In no event shall
SaveCellUnlimited,
be
liable for special, indirect, consequential, or punitive damages
related to
product or services sold.
Disclaimer
and
Limitation of Liability as to the www.SaveCellUnlimited.com
Web Site
The www.SaveCellUnlimited.com
web
site and
the materials therein are provided "as is" to manufacturer
specification. SaveCellUnlimited makes no representations or
warranties, either
express or
implied, of any kind with respect to the www.SaveCellUnlimited.com site,
its operations, contents, information, or materials. SaveCellUnlimited
expressly
disclaims all warranties, express or implied, of any kind with respect
to the
site or its use, including but not limited to merchantability and
fitness for a
particular purpose. You agree that SaveCellUnlimited, shall not be
liable for
damages
arising from the operation, content or use of the www.SaveCellUnlimited.com site.
You agree that
this limitation of liability is comprehensive and applies to all
damages of any
kind, including without limitation direct, indirect, compensatory,
special,
incidental, punitive and consequential damages.
Typographical
Errors
Errors or omissions in descriptive, typographic, pricing and/or
photographic
representation are subject to correction. We reserve the right to
modify this
site's content at any time. In the event a product is listed at an
incorrect
price or with incorrect information due to typographical error or error
in
pricing or product information received from our suppliers or
providers, www.SaveCellUnlimited.com
shall
have the right
to refuse or cancel any orders placed for product listed at the
incorrect
price. www.SaveCellUnlimited.com
shall
have
the right to refuse or cancel any such orders whether or not the order
has been
confirmed and your credit card charged. If your credit card has already
been
charged for the purchase and your order is canceled, SaveCellUnlimited
shall
immediately
issue a credit to your credit card account in the amount of the charge.
Prices
subject to change without notice.
Order
Acceptance Policy
Your receipt of an electronic or other form of order confirmation does
not
signify our acceptance of your order, nor does it constitute
confirmation of
our offer to sell. SaveCellUnlimited reserves the right at any time
after
receipt of
your order to accept or decline your order for any reason. We may
require additional
verifications or information before accepting any order.
Customer
Privacy
SaveCellUnlimited is committed to protecting your privacy. We use the
information we
collect about you to process orders and to provide a more personalized
shopping
experience.
Disclaimer
SaveCellUnlimited.com is
not
associated by ownership or membership with any cellular, PCS or
wireless
service provider companies and is not meant to be an endorsement of any
company
or service. Web site design and corporate logo © D&G
Marketing and Distribution
Inc., SaveCellUnlimited.com. Other trademarks and logos © their
respective companies.
THE
TERM SaveCellUnlimited AS USED IN THIS AGREEMENT SHALL INCLUDE
SaveCellUnlimited, SaveCellUnlimited.com
and or
D&G MARKETING AND DISTRIBUTION INC. AND ITS AFFILIATES,
EMPLOYEES,
DIRECTORS, OFFICERS, SERVANTS AND AGENTS, AND FOR THE PURPOSES OF
SECTION 9 AND
10 ONLY ALSO INCLUDES ANY OTHER SERVICE PROVIDER, THAT FURNISHES
SERVICES OR
DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. Your
registration data and certain other information about you are subject
to our
Privacy Policy. For more information, see our full privacy policy.
SaveCellUnlimited may
change this
Agreement by posting a new version without notice to you. Some product
updates
and upgrades are mandatory and will be so indicated. It is your
responsibility
to frequently review our posted terms of service available on our
website. If
you do not agree to such changes, you are deemed to have received
notice of
termination and must comply with section 8 of this Agreement.
PERMITTED
USE
By
accepting
the
terms of this Agreement, you represent to SaveCellUnlimited that you
are at
least 18
years old and SaveCellUnlimited hereby grants to you a worldwide,
personal,
non-transferable, non-sublicenseable and non-exclusive right to use the
Service/Software, solely in object code format, solely for your own
personal
purposes, solely on a single cellphone/computer at any one time, solely
in its
supported form and solely with SaveCellUnlimited's service. This
Agreement
defines legal
use of the Service/Software, all updates and revisions.
RESTRICTIONS
ON USE
You
agree that
you
will not: (a) use the Service/Software except as authorized herein; and
(b)
permit third parties to use the Service/Software in any way that would
constitute breach of this Agreement. You further agree to keep
confidential the
user id, passwords and all other personal access information associated
with
your account, which are provided for your sole use. You hereby accept
responsibility
for all activity performed by you or anyone using your access
information with
or without your authorization.
THE SERVICE/SOFTWARE IS PROVIDED FOR PERSONAL USE ONLY. ANY COMMERCIAL
USE OF
THE SOFTWARE IS FORBIDDEN AND WILL RESULT IN IMMEDIATE TERMINATION OF
THE
SERVICE AT THE SOLE DISCRETION OF SaveCellUnlimited. USAGE PATTERNS
INCONSISTENT
WITH
PERSONAL USE AS DETERMINED SOLELY BY SaveCellUnlimited WILL BE DEEMED
COMMERCIAL
USE.
ACCESSING
911 SERVICE.
YOU
HEREBY ACKNOWLEDGE AND AGREE
THAT THE SERVICE/SOFTWARE DOES NOT SUPPORT TRADITIONAL 911 EMERGENCY
SERVICES,
SUBJECT TO THE LIMITED CAPABILITY DESCRIBED HEREIN.
You also
hereby acknowledge and agree with the 911 procedures as more
particularly
outlined below, as a condition of registration completion. By
completing registration
and activating service you acknowledge that you have read, understand
and
accept the 911 procedures as outlined below, and the limitations
thereof, as
compared with traditional 911 emergency service. You also acknowledge
that USE
of the Software is subject to prior acceptance of the 911 procedures
described
herein. 911
and E911 service is NOT
supported on this service. In the event of
an emergency,
subscribers must call 911 emergency services from a regular (PSTN)
landline or
cell phone only. VOIP emergency services are provided by our telecom
partners.
As required by the Canada's
telecom regulators, subscribers of SaveCellUnlimited service
(softphones with a
regular
phone number that can call and receive calls to/from any regular phone)
will be
connected to a Public Safety Answering Point (PSAP) with a live
operator who
will be able to assist with your situation, if you are in Canada.
However, as this constitutes a basic 911 service the operator will NOT
be aware
of your location or phone number and thus you must provide the operator
with
this information. Some service areas, as determined and provided by our
telecom
partners, offer an Enhanced 911 service which permits the transfer of
the
caller's name, phone number and address to the PSAP. Your phone number
and
address will also be displayed, subject to the address routing
capabilities of
the particular service area. Your address information is your
registered
location, often your billing address, and will be the address
information
displayed, if possible, to the PSAP. Failure to provide the current and
correct
information, including physical address, may result in incorrect
routing to an
emergency service provider. You are reminded that our service can be
taken with
you wherever you take your cellphone/computer and connect to the
Internet. It
is your responsibility to update your address when you are using the
service
from a location other than your registered address. These services work
only
within Canada
and continental U.S.A.,
(except Alaska)
and where provided
by third party telecom partners. Without derogating from the foregoing,
as SaveCellUnlimited relies on such third party telecom partners for
the forwarding
of call
routing information, SaveCellUnlimited disclaims all liability or
responsibility
in the
event that such information or routing is incorrect. You may also
experience
busy signals or greater delays when accessing 911 services through VOIP
compared to traditional 911 emergency services. This is due to current
technical constraints of the technology. A power systems failure may
make your SaveCellUnlimited system inoperable including any 911 service
capability. Under
the
circumstances of any power system failure, we recommend that you
maintain an
alternate means of accessing emergency services. 911 service may also
not be
available due to service outages, or suspension or termination of
service, by
third parties, including your ISP. YOU AGREE TO NOTIFY ANY USER WHO MAY
PLACE
CALLS USING YOUR SERVICE, INCLUDING HOUSEHOLD RESIDENTS AND GUESTS WHO
MAY BE
PRESENT IN YOUR HOUSEHOLD, THAT 911 AND E911 DIALING IS NOT POSSIBLE
WITH
NON-SUBSCRIPTION USE OF THE SOFTWARE OR THE "CALL BACK SERVICE". YOU
ALSO AGREE TO NOTIFY ANY USER USING YOUR "CALL BACK SERVICE" THAT 911
EMERGENCY SERVICES ARE LIMITED AND TO EXPLAIN TO SUCH USER THE 911
PROCEDURES
DESCRIBED HEREIN. WE RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF
ACCESSING EMERGENCY SERVICES.
OWNERSHIP
AND COPYRIGHT
SaveCellUnlimited
is
the
owner of all intellectual property rights in the Service/Software,
related
written materials, logos, names and other support materials furnished
with the
Software. No title to the intellectual property in the Service/Software
is
transferred to you by this Agreement and all rights not expressly
granted
herein are reserved by SaveCellUnlimited.
BILLING
AND PAYMENT.
You
agree to
provide SaveCellUnlimited valid and accurate payment information and
keep this
information up-to-date through the "Client Info" area on our website.
You must use one of our methods of payment for all fees and purchases.
You are
responsible for all charges incurred under your account, including all
purchases applicable taxes, fees, and surcharges to your account made
by you or
anyone else. The method of billing is via monthly cycle/prepaid
accounts.
Annual rate subscriptions will billed once a year in advance. Usage
based
charges will be charged against your remaining balance. You will be
notified
when your remaining balance is nearing zero. All charges will be billed
to your
designated method of payment. You authorize SaveCellUnlimited to charge
your
selected payment
method for the full amount of these charges. In the event we do not
receive
payment from your designated payer you agree to pay all amounts due
upon demand
by SaveCellUnlimited. You agree that you are responsible for all
charges
incurred prior
to and including the date of membership cancellation or termination.
Late
payments will incur a fee of 18% per year (1.5% per month) charge and
Service
may be suspended, changed, or terminated at the sole discretion of
SaveCellUnlimited. In
the event of non-payment, cancellation or termination, all charges
including
but not limited to, subscription fees, usage-based charges, taxes,
interest,
purchases, and surcharges will become immediately due and payable.
NO
WARRANTIES OR CONDITIONS.
THE SERVICE/SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OR
CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE. SaveCellUnlimited DOES NOT WARRANT THAT THE SERVICE/SOFTWARE
WILL MEET YOUR
REQUIREMENTS
OR THAT ITS OPERATION WILL BE ERROR FREE. SaveCellUnlimited DOES NOT
REPRESENT
THAT THE
SERVICE/SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR
AVAILABLE FOR
USE OUTSIDE CANADA
OR THE CONTINENTAL UNITED STATES.
TERMINATION.
This Agreement is effective until terminated. You may terminate this
Agreement
at any time by removing the Software or terminating the service by
contacting SaveCellUnlimited, in its entirety from your computer and
destroying all back-up
copies
of the software, and notifying SaveCellUnlimited of such actions.
SaveCellUnlimited may
terminate
this Agreement without notice to you if you fail to comply with any of
its
terms. Any such termination by SaveCellUnlimited shall be in addition
to and
without
prejudice to such rights and remedies as may be available, including
injunction
and other equitable remedies. Upon receipt by you of written notice of
termination from SaveCellUnlimited, you shall immediately (a) cease
using the
Software;
(b) destroy all copies of the Software in your possession. You must
provide SaveCellUnlimited with a written confirmation that you have
complied with the
foregoing,
no later then 5 days after termination. The provisions of Sections 2,
3, 4, 6,
9 and 10 herein shall survive termination of this Agreement.
LIMITATION
OF SaveCellUnlimited LIABILITY.
YOU
EXPRESSLY
UNDERSTAND AND AGREE THAT IN NO EVENT WILL SaveCellUnlimited BE LIABLE
TO YOU OR
ANY
OTHER PERSON FOR ANY LOST BUSINESS REVENUES, LOST PROFITS, FAILURE TO
REALIZE
EXPECTED SAVINGS, OR FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR
ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING FROM
OR BASED ON THE USE OF THE SOFTWARE OR THE SERVICES PROVIDED PURSUANT
HERETO,
INCLUDING THOSE ARISING BY REASON OF ANY SERVICE OUTAGE AND/OR
INABILITY TO USE
OR ACCESS 911 EMERGENCY SERVICES.
In respect of any claim, demand or action arising out of this Agreement
against SaveCellUnlimited, whether based in contract or tort (including
negligence),
indemnity
or otherwise, including a breach by SaveCellUnlimited of any of its
obligations
under
this Agreement (whether or not a fundamental breach), your exclusive
remedy
shall be to receive from SaveCellUnlimited payment for actual and
direct damages
to a
maximum aggregate amount equal to the lesser of one month's actual fees
(calculated as the average of the previous 3 calendar months usage
fees) and
$100.
These limitations and exclusions apply without regard to whether
SaveCellUnlimited has
been advised of the possibility of such damages, if such damages were
reasonably foreseeable or if the damages arise from use or inability to
use the
Software and services, negligence, or any other cause.
INDEMNIFICATION.
You agree to indemnify and hold SaveCellUnlimited harmless from any
claim or
demand,
including reasonable legal fees, made by any third party in connection
with or arising
out of your use of the Software, your violation of any terms or
conditions of
this Agreement (including those relating to accessing 911 service),
your
violation of applicable laws, or your violation of any rights of
another person
or entity.
TRIAL
PERIOD.
You agree that you have unlimited incoming and that the free trial
offer expires three (3) days or seventy two (72) hours after
activation. You agree and understand that the SaveCellUnlimited
guarantee is only valid for the initial three (3) days only, thereafter
no refunds can or will be issued as all sales are final. You
agree and understand that these terms and conditions are subject to
change without notice.
MISCELLANEOUS.
You agree that prices is subject to change without prior notice.
You agree that you fully understand how the call back service
works. You agree that you read the Frequently Asked
Questions FAQ page of SaveCellUnlimited.com. You agree that
you have an unlimited incoming calls plan from your cellular phone
provider. You agree that you will pay a non refundable fee
depending on the plan that you subscribe whether you use the service of
not.
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