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Legal Terms & Conditions

BEFORE USING THIS WEB SITE OR OUR SERVICES, PLEASE READ THE TERMS OF USE SET FORTH BELOW. BY USING THIS WEB SITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE REGISTERING ON BEHALF OF A CORPORATION YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE CORPORATION. VoiceNation, LLC ("VoiceNation") RESERVES THE RIGHT TO REVISE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE AND, BY USING THIS SITE OR OUR SERVICES SUBSEQUENT TO THE REVISION OF THE TERMS OF USE, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU FIND THE TERMS OF USE TO BE UNACCEPTABLE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE AND OUR SERVICES. 

 

1. No Representation or Warranty

1.1 The documents, graphics and images published at this Web Site could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this Web Site without notice. We make no commitment, however, to update the information contained in this Web Site. Consequently, TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

1.2 This site may contain links to other Web Sites which are completely independent of this Web Site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or of the products or services described therein. 

1.3 Users of this Web Site should not rely upon opinions expressed at this Web Site when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked Web Sites. 

1.4 USE OF SERVICES / CUSTOMER RESPONSIBILITIES
You are fully responsible for the contents of your transmissions through our telephony/internet services(the "Services"). This applies to all services offered by VoiceNation, to include voicemail, internet fax, virtual pbx, live answering, and any other related service we offer. VoiceNation simply acts as a passive conduit for you to send and receive information of your own choosing. However, VoiceNation reserves the right to take any action with respect to the Services that VoiceNation deems necessary or appropriate in its sole discretion if VoiceNation believes you or your information may create liability for VoiceNation, compromise or disrupt the Services for you or other Customers, or cause VoiceNation to lose (in whole or in part) the services of VoiceNation' ISPs or other suppliers. The Services make use of the telephone network and Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to both PSTN and Internet regulations, policies and procedures.

VoiceNation has no control of the content of the information passing through the Services

VoiceNation does not:

* Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
* Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
* Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
* Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act. 

You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify VoiceNation promptly of any changes to this information as required to keep it current, complete and accurate.

VoiceNation reserves the right at all times to disclose any information as VoiceNation deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of VoiceNation Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services.
 

2. Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

3. Limitation of Damages

3.1 IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR USE OF OUR SERVICES, OR USE OF ANY OTHER LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.

4. Ownership

4.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.

5. License

5.1 Except as expressly provided in clause 5.2, nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. 

5.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web Site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.

6. Linking to this Web Site

6.1 You may provide links to this Web Site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web Site, (b) you give us notice of such link by sending an e-mail to admin@VoiceNation.com, and (c) you discontinue providing a link to this Site if instructed to do so by us.

7. Governing Laws in Case of Dispute

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, USA, as they apply to agreements made and solely performed therein. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Georgia and jurisdiction for such disputes shall rest solely in Georgia, USA.

8. Severability

8.1 These Terms of Use incorporate by reference any notices contained on this Web Site and constitute the entire agreement with respect to your access to and use of this Web Site or our services. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

9. Payments for, and terms specific to use of services

9.1 Payment of first month's service plus any options and initial setup fee are required with the order. After the first month of service, fees will be automatically deducted from your credit card on a monthly basis. It is the customer's responsibility to maintain sufficient balance on credit card account to allow settlement of charges. Interruption of service will be experienced in the event that credit card account balance or prepayment balances are not maintained. Setup fees, custom programming fee and activation fees are non-refundable.

9.2 Service although reliable is not guaranteed: liability of interruption/quality of service shall be limited to a maximum of one months service fee. 

9.3 Service cancellations must be completed online through the VoiceNation Online Dashboard. Live Answering Customers must provide 30 days notice of cancellation. Since our services are billed one month in advance, cancellations must be submitted prior to midnight of the first calendar day of each month in order to avoid being charged for another month of service. Any cancellations received after the first day of the month will not be refunded. 

Live Answering Services have a thirty (30) day minimum. If a customer cancels their Live Answering Service within the first thirty days of service, they will not be entitled to a refund of the monthly service fees or the initial setup fee or account support fees paid at sign up.

When not activated via instant activation, service is normally set up within 24hrs, but may take as long as 3 working days. Please note that invoices will be delivered to the email address specified with your order. Please contact us to have invoices forwarded to a different email address. For marketing purposes, either party may disclose the fact that an agreement exists between the parties for use of our services. 

It is prohibited for any subscriber or user of VoiceNation's products or services (collectively, the ''services'') to solicit, collect, store, provide, or publish any personally identifiable healthcare information or protected health information (collectively referred to as ''PHI'') about themselves or others by means of or through the use of VoiceNation's services or on any storage media hosted or maintained by VoiceNation. It is understood and acknowledged that any such PHI solicited, collected, stored, provided, or published by any VoiceNation subscriber or user of VoiceNation's services is a material violation of these TERMS and is grounds for immediate termination of a member or user's privileges and/or permission to make use of VoiceNation's services. It is further agreed that any person, persons, or entity soliciting, collecting, storing, providing, publishing or otherwise transmitting PHI by means of or through the use of VoiceNation's services hereby releases VoiceNation from any and all liability associated with the publication of said phi and agrees to unconditionally and completely identify and hold harmless VoiceNation from any liability arising from the soliciting, collecting, storing, providing, publishing or otherwise transmitting of such PHI by means of VoiceNation's services.

9.4 Unpaid accounts over-due by 14 days are subject to temporary disconnection and will be charged a $10 re-activation fee.

Any unpaid accounts 30 days past due are subject to collections activity and/or legal action including small claims court.

9.5 Long-distance or toll-free usage is billed at an industry standard 6 second increment billing and rounded up to the nearest penny on a per-call basis.

9.6 Due to the high costs of delivering excellent services and the remote nature of our clients, our answering services are billed in advance. While we offer limited and brief terms to our customers so that there is no interruption of service in cases where the usage exceeds the estimated and pre-paid amounts, it is agreed that the monthly invoice will be adjusted such that any deficit or unpaid usage will be settled and the pre-paid monthly service fee will be adjusted to compensate for the increased usage going forward.

9.7 You are responsible for paying all charges to your Account for Services, including but not limited to, long distance and directory assistance charges, regulatory (USF) Universal Service Fund fees and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services

9.8 If Customer disputes an invoice, Customer will pay the undisputed amount by the Payment Deadline and submit written notice of the disputed amount detailing the nature of the dispute and the invoices disputed. Disputes must be submitted within 90 days of the date of the invoice or the right to dispute is waived. If a dispute is resolved against Customer, Customer will pay the disputed amounts plus interest from the Payment Deadline within 30 days.
 

10. Limitations of liability

10.1 Our company makes no warranty, express or implied, with respect to the VoiceNation services offered hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose or use with respect to such services.

10.2 We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or irretrievable messages or beeps as a result of power and/or equipment failure.

10.3 In addition, because damages cannot be calculated in advance, customer agrees that the maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by customer under this agreement for the services during the period such damages occur.

10.4 In no event shall we be liable in excess of one (1) month's basic service charges, excluding usage fees, and in no event shall we be liable for any special or consequential damages.

10.5 Customer agrees that these limitations of liability are reasonable under the circumstances existing as of the execution date of this Agreement.

10.6 We have the right to refuse service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses our company, other VoiceNation customers, or our partners.

10.7 While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and uninterruption of services.

10.8 Our company offers its services for "normal and customary" business and personal use. We do not offer services for all types of use. We do not accept customers who receive large call volume, especially in a short time frame, unless a separate written agreement is in place for high volume use. One such example is direct response radio and television. In the event a subscriber's line receives large call volume, we may, at our sole discretion, take any and all measures we consider appropriate to maintain the integrity of our systems and the service we provide to other customers. Such measures may include, but not be limited to: limiting the number of calls the subscriber's voice mail may receive at any one time, changing the greeting on the mailbox and/or disconnecting the voice mail service. "Large call volume" will be solely determined by VoiceNation or by the specific provider of VoiceNation Services when contracted to a third party provider.

11. Thirty-Day Money Back Guarantee

11.1 You have a full 30 days to try out your new VoiceNation service. Please note this refund policy only applies to the SimplyONE and NextPBX product. The 30 day money back offer does not apply to Live Answering accounts, Network Marketing Groups or (toll free or long distance) usage fees. 

11.2 Limit one per customer. You do have to be a new customer, ordering one new service only and not currently have any other service with us. Per our Cancellation Policy, please fax written notice of your desire to cancel and we will refund the payment you have made to us, less any usage fees you may have incurred during that time.