Agreement to Terms and
Conditions
Definitions
"Service" or "Services" means any and all
services provided by Sports Voice Services to you, including but not limited
to, voice mail, fax mail, e-mail, conference calling, long distance and any
additional offerings by Sports Voice Services utilized by you.
"Sports Voice Services" means Sports Voice Services, its affiliates and their
successors and assigns including Innovative
Communications.
Right to Change Terms and Conditions
You agree that Sports Voice Services may change
these Terms and Conditions or its rates for any or all portions of the Services
at any time upon ten (10) days prior notice. You agree that Sports Voice
Services may give you notice of such changes by posting such changes within the
Sports Voice Services web site
http://www.icpage.com
or any of its Services web sites, by e-mail or by conventional mail (based on
the address provided by you when you subscribed), that the ten (10) day time
period begins to run when the notice is given, and that, by continuing to use
the Services after the effective date of such changes, you agree to be bound by
any such modified Terms and Conditions of the Services.
Billing and Payment
You agree to pay Sports Voice Services all rates
and charges. A subscription to the Service may require a credit card number or
voided check for billing, depending on your program. By providing your credit
card information or a voided check, you grant Sports Voice Services
authorization to submit charges to that credit card number of to debit your bank
account for your use of the Service. The rates per term for Services are charged
in advance of the upcoming term of service. All usage charges for "per minute"
rates will be billed in arrears based on actual usage. Any other applicable
charges (set up fee, payphone surcharges, taxes, over the limit charges, others)
will also be billed to you. You acknowledge that the amount charged by Sports
Voice Services may vary based on your usage of the Services. Direct billing is
due upon receipt. Any unpaid charges after 30 days will be subject to a monthly
service fee of the lesser of 1.5% of the outstanding balance, or the maximum
legally allowable interest rate. If charges applied to your credit card or bank
account are rejected Sports Voice Services reserves the right to assess a
processing fee.
Annual Contracts
You acknowledge and agree that your Service will
remain "AS IS" and will not be upgraded or downgraded during an annual term of
service. Upon payment of the annual fee, whether for the initial year of Service
or for renewal years, Sports Voice Services will not refund any portion of the
annual fee for any reason. You agree that changes will not be made to your
billing cycle until the end of your initial year of service. Sports Voice
Services will automatically bill you in full for a renewal year of service if,
after our 30 day, 60 day and 90 day notices provided to you, you do not request
a different billing option or cancel your Service. In addition to the up-front
annual fee, you will continue to receive a monthly bill for usage charges
explained in the Billing and Payment section above.
Statements
You will have access to a Statement of Account
for each month that you incur charges, detailing your usage during that month.
The Statement is not a bill. Charge totals on your Statement may not agree with
charges shown on your credit card or bank statement due to differences in
statement cut-off dates. Direct billed users' bill will include a Statement.
Unless you notify Sports Voice Services of any dispute regarding your Statement
within forty-five (45) days (or such longer period required by law, if any)
after the date the Statement was made available to you, or if direct billed the
due date, the charges on the Statement will be deemed to be accepted by you for
all purposes, including resolution of any inquiries made by your credit card
issuer, if applicable.
Fraudulent and Abusive Use of the Services
Sports Voice Services helps protect you against
fraudulent use of your Services with private user names and passwords, credit
card verification upon sign up and daily and monthly usage limits. You are
responsible for controlling access to and maintaining the security of your user
name and password. You shall notify Sports Voice Services of any user names and
passwords which are lost, stolen or suspected of being used fraudulently by
contacting the phone number noted on your credit card invoice or Statement. You
agree you will be liable for all charges incurred prior to and within thirty
(30) minutes after you notify Sports Voice Service's Help Desk to deactivate
suspect user names and passwords. You agree to not engage in or assist others in
fraudulent or abusive use of the Services.
Cancellation
The Services will remain in full force until
canceled by either party. Sports Voice Services may suspend, interrupt, or
cancel your service at any time (i) without notice for non-payment, for any
reason which in Sports Voice Services judgment may preclude it from receiving
payment, or for any violation by you of these Terms and Conditions; or (ii) with
notice for any reason, with or without cause. If you wish to cancel, call the
phone number noted on your credit card invoice or Statement of Account. After
any cancellation, you agree Sports Voice Services has authorization to initiate
a charge if there is an outstanding balance. Sports Voice Services will not
refund a prorated portion of monthly service fees in the event that you cancel
Service part way through the month. Subsequent reinstatements of Service after
cancellation may be subject to a Service reinstatement fee, at Sports Voice
Service's discretion.
Indemnification and Release
You agree to indemnify and hold harmless Sports
Voice Services and its directors, officers, affiliates, employees, agents,
suppliers, subcontractors, and vendors from any damages, losses, obligations,
liabilities, claims and expenses (including reasonable attorneys' fees and other
costs and expenses of any suit, action, investigation, claim, or proceeding) of
any kind whatsoever, sustained, incurred or required to be paid by Sports Voice
Services by reason of or arising out of, directly or indirectly, your use of the
Services, or the use of your Service account by another (whether or not
authorized by you), including without limitation, any claim of libel,
defamation, violation of rights of privacy or publicity. Sports Voice Services
reserves the right to assume the exclusive defense and control of any such claim
subject to indemnification, but, notwithstanding Sports Voice Services control
of the defense of such claim, you will remain obligated under this indemnity.
Disclaimer of Warranty
You acknowledge and agree that Sports Voice
Services has not made, and does not make, any warranty or guarantee with respect
to the Service, whether express or implied, and that the Service is offered to
you "AS IS" and "AS AVAILABLE". Without limitation of the foregoing, Sports
Voice Services makes no warranty that the Service (i) is merchantable, (ii) is
fit for a particular purpose, (iii) is or will operate "error-free", or (iv) is
non-infringing of the rights of any third party. You acknowledge and agree that
Sports Voice Services cannot and does not guarantee (i) that the Service will be
available at all times, (ii) that voice mail, fax mail or e-mail messages or
other services will be delivered or received within a particular time, or will
be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages
will be stored for any particular time, or (iv) that each and every country will
be accessible through its access numbers. You acknowledge and agree (i) that
Sports Voice Services cannot and does not guarantee, and assumes no liability
for, the security or confidentiality of data transmitted to or from the Service,
(ii) that no computer system is immune from intrusion, (iii) that data
transmitted to or from the Service may pass through many computer systems, and
(iv) even encrypted data is only as secure as the encryption method used to
protect it and may not offer complete security.
Limitation of Liability
YOU AGREE THAT Sports Voice Services WILL NOT
BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES, LOST PROFITS, OBLIGATIONS,
LIABILITIES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER
COSTS AND EXPENSES OF ANY SUIT, ACTION, INVESTIGATION, CLAIM, OR PROCEEDING) OF
ANY KIND WHATSOEVER (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE), SUSTAINED OR INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE
OR THE USE OF YOUR SERVICE ACCOUNT BY ANOTHER (WHETHER OR NOT AUTHORIZED BY
YOU), INCLUDING THE LOSS, DELAY OR INACCURACY OF ANY VOICE MAIL, E-MAIL OR OTHER
MESSAGE OR SERVICE, ANY LOSS OF CONFIDENTIALITY OF ANY VOICE MAIL, E-MAIL OR
OTHER MESSAGE INTENDED TO BE CONFIDENTIAL, OR AS A RESULT OF ANY SUSPENSION,
INTERRUPTION OR CANCELLATION OF SERVICE (EVEN IF Sports Voice Services HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE AGGREGATE
LIABILITY OF Sports Voice Services FOR ANY AND ALL CLAIMS (WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO
Sports Voice Services FOR SERVICE RENDERED IN THE MOST RECENT BILLING PERIOD.
Cooperation with Law Enforcement Agencies and
Others: Access by Sports Voice Services
You agree that Sports Voice Services may
cooperate with law enforcement authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong attempted or perpetrated by
using, or attempting to use, the Service. You agree that it may be necessary for
Sports Voice Services to examine any and all portions of the Service and Service
sites, including, without limitation, accessing your mailbox, to cooperate in
such investigations and also to resolve system problems or mail system errors,
and you hereby consent to such examination.
Copyright/Trademarks
The trademarks, logos and service marks displayed
on Service materials or any Service web sites are the property of Sports Voice
Services, its affiliates and other parties. You agree that you may not use any
such trademark, logo or service mark without the written permission of Sports
Voice Services or such third party which may own them. You agree that the
Service, and all programs, services, processes, technologies, designs,
inventions, materials and software used by Sports Voice Services for or in
connection with the Service are owned by and/or are proprietary to Sports Voice
Services, and you agree not to duplicate, or attempt to duplicate, such Service,
or provide any similar service, in whole or in part, directly or indirectly,
alone or in cooperation with others; or to translate, reverse engineer,
disassemble or de-compile any software used or owned by Sports Voice Services
for or in connection with the Services.
Compliance with Laws
Your Service account may only be used for lawful
purposes. You agree that your access to and your use of your Service account is
subject to all applicable federal, state and local laws and regulations. Sports
Voice Services reserves the right to identify and restrict same or substantially
similar electronic mail messages, whether or not commercial, to a large number
of recipients (sometimes known as spamming). Because Sports Voice Services has
no practical ability to restrict all conduct, communications or content which
might violate these Terms and Conditions prior to its transmission on Sports
Voice Services systems, and because Sports Voice Services cannot ensure prompt
removal of any such communications or content after transmission or posting,
Sports Voice Services does not assume liability to you or others for any failure
to enforce the terms of these Terms and Conditions.
Incorporation of Tariff
You acknowledge that Sports Voice Services
network carriers may provide certain long distance and other telecommunications
services to Sports Voice Services for use by you as a part of the Service. You
agree that the terms and conditions (excluding rates and charges) of the
applicable FCC Tariffs as modified from time to time are incorporated by
reference and made a part of this Agreement. You agree to be bound by the terms
and conditions of the Carriers' Tariffs with respect to the inter-exchange
services portion of the Service.
Arbitration and Governing Law
Any dispute arising out of or related to these
Terms and Conditions or the use of the Service by you (or by another person
using your Service account, with or without your permission) shall be submitted
to binding arbitration before the American Arbitration Association in Orange/Los
Angeles County, California. You agree that all arbitration proceedings shall be
before one arbitrator in Orange/Los Angeles County, California, and you waive
any objections that might otherwise be available based on improper venue or
forum non convenes. Discovery appropriate to the dispute between the parties
and the desire of the parties for a prompt and efficient resolution of the
dispute will be permitted. The arbitrator will be bound by these Terms and
Conditions and applicable law, and the decision of the arbitrator will be
binding on Sports Voice Services and you. The arbitrator will have the power to
award costs and expenses (including attorneys fees) to the prevailing party. The
arbitrator's decision may be enforced in any court of competent jurisdiction.
These Terms and Conditions shall be governed by the laws of California
applicable to agreements entered into and performed wholly in California.
Addendum
- Regarding 800/888 Numbers
Rentals
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Last Update :
08/27/2007
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