InteliPhone™ Terms of Service|
Effective: January 1, 2015
The services that Emergence Corporation, hereinafter referred to as Emergence, provides to you, the subscribing customer, are by this Agreement subject to the following Terms of Service. Emergence reserves the right to update the Terms of Service at any time without notice to you. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on our Web pages. By completing the registration process, by providing valid credit card information or by using the services provided, you acknowledge that you have read and fully understand, agree to and accept all Terms of Service and pricing as related to the services provided.
2. DESCRIPTION OF SERVICES
Emergence provides you with access to a variety of telephone and web services ("InteliPhone Services"). All InteliPhone Services provided by Emergence, including any updates, enhancements, and/or new features, are subject to these Terms of Service.
3. TERM & CANCELLATION OF SERVICE
Term of this Agreement shall begin on the date executed by Customer and will automatically renew for an equivalent period unless notice of cancellation is provided to Emergence by Customer.
b. CANCELLATION OF SERVICE
Customer may cancel service at any time by contacting InteliPhone Customer Service during regular business hours at (800)680-8306 or by e-mail at email@example.com prior to renewal. InteliPhone Services will not be considered cancelled unless Customer is given a Cancellation Confirmation Number by an InteliPhone Customer Service Representative. Customer agrees that there will be no refund of Service Fees to Customer when notice of cancellation is received by Emergence less than thirty (30) days prior to the end of the current term. For cancellation of InteliPhone Services more than thirty-five (30) days prior to the end of the term, Emergence will refund remaining unused Service Fees and Usage Deposit as outlined in the InteliPhone Price List.
4. MEMBER ACCOUNT
Access to and use of our InteliPhone Services requires you to open an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account and all activities that occur under your account. You agree to notify Emergence immediately of any unauthorized use of your account or any other breach of security. Emergence will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Emergence or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the InteliPhone Services, you will not use the InteliPhone Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the InteliPhone Services in any manner that could damage, disable, overburden, or impair any Emergence server, or the network(s) connected to any Emergence server, or interfere with any other party's use and enjoyment of any InteliPhone Services. You may not use the InteliPhone Services in conjunction with sending unsolicited telephone, fax or text messages, including but not limited to 'robo-calling' and 'text-blasting'. You may not use the InteliPhone Services as a means to create a false Caller ID identity or for any attempt to mislead others at to the origin of calls made with the InteliPhone Services. You may not attempt to gain unauthorized access to any InteliPhone Services, other accounts, computer systems or networks connected to any Emergence server or to any of the InteliPhone Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the InteliPhone Services. You will not use or register the name Emergence, InteliPhone or any other trade name or trademark of Emergence without express, prior permission and you will not obstruct the identification procedures used by Emergence in the services.
Unlimited Service Plans do not have a specified monthly maximum number of calls. If you have subscribed to an Unlimited Service Plan, Emergence reserves the right to suspend service if, at its sole discretion, Emergence determines that usage attributable to your account could damage, disable, overburden, or impair any Emergence server, or the network(s) connected to any Emergence server, or interfere with any other party's use and enjoyment of any InteliPhone Services. Emergence Fair Use Policy prohibits Unlimited Service Plan usage that exceeds 200% of the average all accounts with Unlimited Service Plans.
6. CUSTOMER RESPONSIBILITIES
You are fully responsible for the contents of your voice and data transmissions through the InteliPhone Services. Emergence simply acts as a passive conduit for you to send and/or receive information of your own choosing. However, Emergence reserves the right to take any action with respect to the InteliPhone Services that Emergence deems necessary or appropriate in its sole discretion if Emergence believes you or your information may create liability for Emergence, compromise or disrupt the InteliPhone Services for you or other Customers, or cause Emergence to lose (in whole or in part) the services of its suppliers.
You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Emergence promptly of any changes to this information as required to keep it current, complete and accurate.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Emergence Service are wholly owned by Emergence and/or its licensors and service providers except where expressly stated otherwise.
Charges for InteliPhone Services may include an Activation Fee, Setup Fee, Service Fees, and Usage Fees. All charges will include sales tax at the rate in effect for Franklin County, Ohio. You agree to pay all charges for your use of Emergence InteliPhone Services at the prices in effect for the plan chosen.
9. USE OF CREDIT CARDS
If the payment method for your Emergence account is by credit card and payment is not received by Emergence from the card issuer or its agents, you agree to pay all amounts due upon demand by Emergence. Each time you use InteliPhone Services, or allow or cause InteliPhone Services to be used, you agree and reaffirm that Emergence is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Emergence, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Emergence may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Emergence may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You agree to indemnify and hold Emergence and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of our Service, violation of this agreement, or violation of any rights of another.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMERGENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMERGENCE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
12. LIMITATION OF LIABILITIES
YOU EXPRESSLY AGREE THAT EMERGENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER INFORMATION; (iii) NEGLIGENCE, OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. EMERGENCE'S LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS, TO DEALER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO EMERGENCE IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Any controversy or claim arising out of or relating to this Agreement or InteliPhone Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Columbus, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
This Contract shall be construed in accordance with the laws of the State of Ohio. If, for any reason, the Arbitration Clause contained in Section 13 of this Agreement is found to be unenforceable or unlawful then any litigation over this Contract must be brought in a court of competent jurisdiction located in Franklin County, Ohio.
Emergence does not guarantee continuous, uninterrupted or secure access to our InteliPhone Services, and operation of our InteliPhone Services may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach of this Agreement by you or others does not waive Emergence’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Emergence with respect to the subject matter hereof. Furthermore, this Agreement supersedes all prior and contemporaneous understandings or agreements between the parties in respect to the subject matter hereof.