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Terms of Service
These Terms of
Service governs the sale, delivery and activations of Analog Telephone
Adapters (ATA), enhanced Residential communications services or
enhanced Small Business communications services and any related products
or services ("Service") and other VoIP communication devices and Calling
Plan services by CellTech Magic Inc, USA, CellTech Magic Marketing,
Inc., USA, CellTech Magic Corp., Phils., GlobalTel Technology, Inc.
Phils., and its subsidiaries, affiliated companies ("we", "us", "our" or
"CellTech Magic") to you ("you," "user" or "Customer"). This
Agreement administers both the Service and any devices, such as an IP
phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any
other IP connection device, ("Device" or "Equipment") used in
conjunction with the Service. Upon activation of the Service, you are
accepting that you are of legal age to enter this Agreement and that you
have read and understood all of the terms and conditions of this
Agreement. You agree with these terms and conditions and become bound by
its terms. When you purchase any Equipment from a CellTech Magic
Marketing retail dealer, you are deemed a "Retail Customer" and you will
be governed by certain Retail Customer terms and conditions discussed
below.
1.
SERVICE
1.1
Term
Service is
offered on a monthly basis. Each month a term will begin on the date
that CellTech Magic Marketing activates your Service and will end on the
day before the same date in the following month. Subsequent terms
of this Agreement will be automatically renewed on a monthly basis
without requiring a further action by you. To end the term, you will be
required to give CellTech Magic Marketing a written notice of
non-renewal at least ten (10) days before the end of the monthly term in
which the notice was given. CellTech Magic Marketing Service is
purchased for full monthly terms, which means that if you decide to
terminate the 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 becomes due and payable. Customer will pay
all the unpaid, accrued charges due in relation to the Agreement even if
the term has expired or the Service has terminated.
1.2
Lawful Use of Service and Device
1.2.1 Prohibited Uses
Customer
agrees to use the Service and Device only for lawful purposes. You are
agreeing not to use the Service and Device for transmitting or receiving
any kind of communication or material when in CellTech Magic Marketing'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, giving rise to a civil liability,
or otherwise violate any applicable local, state, national or
international laws. If CellTech Magic Marketing believes that you have
violated the above restrictions, it reserves the right to terminate your
service immediately without advance notice, 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 and may at CellTech Magic Marketing's
discretion be immediately charged to your credit card. You are
liable for any use of the Service and/or Device by yourself and by any
person making use of the Service or Device provided to you. If CellTech
Magic Marketing, in its sole discretion believes that you have violated
the above restrictions, CellTech Magic Marketing may forward the
objectionable material, as well as your communications with CellTech
Magic Marketing and your personally identifiable information to the
appropriate authorities for investigation and prosecution and you hereby
consent to such forwarding.
1.3.1
Residential Use of Service and Device
Upon
subscribing to CellTech Magic Marketing'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 the Service and Device for any commercial
or governmental activities, profit-making or non-profit, including but
not limited to home office, business, sales, tele-commuting,
telemarketing (including without limitation charitable or political
solicitation or polling), autodialing, continuous or extensive call
forwarding, fax broadcast, fax blasting or any other activity that would
be inconsistent with normal residential usage patterns. You are also 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 CellTech Magic Marketing in advance.
CellTech Magic Marketing reserves the right to immediately terminate or
modify the Service, if CellTech Magic Marketing determines, in its sole
discretion, that Customer's Service is being used for non-residential or
commercial use. 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
CellTech Magic Marketing'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.
1.3.2
Small Business Use of Service and Device - Prohibition on Resale
If you have
subscribed to CellTech Magic Marketing's Small Business services, the
Service and Device are provided to you as a small business user. You are
not to resell or transfer the service or device to any other person for
any purpose, without getting an express written permission from CellTech
Magic Marketing in advance. You agree that the CellTech Magic Marketing
Small Business Plans do not confer the right to use the service for
auto-dialing, continuous or extensive call forwarding, telemarketing
(including without limitation charitable or political solicitation or
polling), fax broadcasting or fax blasting. CellTech Magic Marketing
reserves the right to immediately terminate or modify the Service, if
CellTech Magic Marketing determines, in its sole discretion, that
Customer's Service is being used for any of the aforesaid activities.
1.3.3
Use of Service and Device by Customers Outside the United States
CellTech Magic
Marketing presently offering Services to customers located in other
countries of the world . If you are moving the Device to a country
other than the United States or Canada and use the Service from there,
you do so at your own sole risk. Such activity might violate local laws
in the country where you do so. You are liable for any such use of the
Service and/or Device by yourself or any other person making use of the
Service or Device provided to you and agree to indemnify and hold
harmless CellTech Magic Marketing against any and all liability for any
such use. Should the removal from the United States or Canada of
the Device violate any export control law or regulation, you will be
solely liable for such violation and agree to indemnify and hold
harmless CellTech Magic Marketing against any and all liability for such
violation. If you are using the Service and Device outside the United
States or Canada, CellTech Magic Marketing reserves the right to
terminate your Service immediately and without advance notice.
1.4
Tampering with the Device or Service
You agree not
to perform a factory reset of the Device and not to change the
electronic serial number or equipment identifier of the Device without
express permission from CellTech Magic Marketing in each instance which
CellTech Magic Marketing may deny in its sole discretion. You agree not
to hack or disrupt the service or to make any use of the Service that is
inconsistent with its intended purpose. If you tamper with the Device,
CellTech Magic Marketing reserves the right to terminate your Service,
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.
1.5
Return of Device
You can
return the Device to CellTech Magic Marketing within fourteen (14) days
of the termination of Service to receive a credit for the $39.99
disconnect fee (refer to section 4.3 of this document regarding
termination fees), provided: (i) you return proof of purchase and
original packaging with the Device; (ii) all parts, accessories,
documentation and packaging materials are returned; (iii) contents are
in original condition and undamaged, reasonable wear and tear excluded;
and (iv) the equipment is returned with a valid return authorization
number obtained from CellTech Magic Marketing's customer care
department. You are responsible for the cost and risk of return shipping
of equipment. If you receive the Device that is visibly damaged, you
must note the damage on the carrier's freight bill or receipt and keep a
copy. In such a case, you must keep the original carton, all packing
materials and parts intact in the same condition in which they were
received from the carrier and contact CellTech Magic Marketing's
customer care department immediately. To obtain a return authorization
number, you must contact CellTech Magic Marketing
1.6
Ownership and Risk of Loss
You will be
the owner of the Device and you will bear all the 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 1.5 and has been received by CellTech Magic Marketing.
1.7
Loss of Service Due to Power Failure or Internet Service Outage or
Termination or Suspension or Termination by CellTech Magic Marketing
It is
acknowledgeable and understood that the CellTech Magic Marketing Service
does not function in the event of power failure. The Service requires a
fully functional broadband connection to the Internet (which is not
provided by CellTech Magic Marketing). 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. 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 CellTech Magic Marketing terminate the Service in accordance with
this Agreement. You might be required to reset or reconfigure equipment
prior to utilizing the Service in case of a power failure or disruption.
Power disruptions or failures or ISP outages will also prevent dialing
to emergency service numbers including the 911 calling feature. Should
CellTech Magic Marketing suspend or terminate your Service, the Service
will not function until such time as CellTech Magic Marketing 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).
1.8
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 you in conjunction with providing the Service, or embedded
in the Device, and all Services, information, documents and materials on
CellTech Magic Marketing's website(s) are protected by trademark,
copyright or other intellectual property laws and international treaty
provisions. You acknowledge that you are not given any license to use
the firmware or software used to provide the Service or provided to you
in conjunction with providing the Service, or embedded in the Device,
other than a nontransferable, revocable license to use such firmware or
software in object code form (without making any modification thereto)
strictly in accordance with the terms and conditions of this Agreement.
Nothing in this Agreement shall grant you the right or license to use
any of the corporate names, service marks, trademarks, trade names,
logos and domain names (collectively "marks") of CellTech Magic
Marketing. These shall remain the exclusive property of CellTech Magic
Marketing. You also acknowledge that the Device is exclusively for
use in connection with the Service and that CellTech Magic Marketing
will not be providing with any passwords, codes or other information or
assistance that would enable you to use the Device for any other
purpose. If you decide to use the Service through an interface
device not provided by CellTech Magic Marketing, which CellTech Magic
Marketing 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 CellTech Magic Marketing against any and all liability arising
out of your use of such interface device with the Service. You will not
reverse compile, disassemble or reverse engineer or otherwise attempt to
derive the source code from the binary code of the firmware or software.
1.9
Service Distinctions
You
acknowledge and understand that this Service is not a telephone service
and that there are some important distinctions between the telephone
service and Service that is provided by CellTech Magic Marketing. The
Service is subject to different regulatory treatment than telephone
service. This treatment may limit or otherwise affect your rights
of redress before Federal, State or Provincial telecommunications
regulatory agencies.
1.10
Theft of Service
If the Device
is stolen or if you find out that your Service is being fraudulently
used or stolen by someone, you need to notify CellTech Magic Marketing
immediately. You can do this in writing or by calling the CellTech Magic
Marketing customer support line. You must provide your account number
and a detailed description of the circumstances of the Device theft or
fraudulent use of Service when reporting to CellTech Magic Marketing.
Failure to do so in a timely manner may result in the termination of
your Service and additional charges to you. Until CellTech Magic
Marketing receives notice of the theft or fraudulent use, 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.
1.11
No 0+ Calling; May Not Support x11 Calling
CellTech Magic
Marketing's Service does not support 0+ calling (including without
limitation collect, third party billing or calling card calling).
CellTech Magic Marketing's Service may not support 311, 511 and/or other
x11 (other than 911 and 411, which are provided for elsewhere in this
Agreement) services in one or more (or all) service areas.
1.12
Number Transfer on Service Termination
Upon
termination of the Service, CellTech Magic Marketing may release a
telephone number that was ported in from a previous service provider to
CellTech Magic Marketing by you and used in connection with your Service
provisioned by CellTech Magic Marketing to your new service provider, if
such new service provider is able to accept such number, and provided
that (i) your account has been terminated; (ii) your CellTech
Magic Marketing account is completely current including payment for all
charges and disconnect fees; and (iii) you request the transfer upon
terminating your account.
1.13 Fair Use of Service
Resale
and Transfer
You are expressly prohibited from reselling or transferring
your Service including any phone numbers assigned to you by CellTech
Magic or numbers that you have had ported into the Service to any other
person for any purpose, without express written permission from CellTech
Magic in advance.
Residential Use
The Service is intended for normal residential casual use. You are
expressly prohibited from using the Service for autodialing,
telemarketing (including without limitation charitable or political
solicitation or polling), activities involving continuous connectivity,
all types of broadcasting including fax or voicemail broadcast, fax or
voicemail blasting, or any other activity that results in excessive
usage inconsistent with normal residential or home office usage
patterns. If CellTech Magic determines, in its sole discretion, that you
are reselling your individual Service, allowing persons residing outside
of your household to regularly use the Service, or that your Service is
being used for any of the aforementioned activities, CellTech Magic
reserves the right to immediately terminate without notice or modify the
Service and to assess additional charges for each month in which
excessive usage occurred.
Excessive Use
You are expressly prohibited from excessive or abusive use of
the service, including all service offerings marketed as UNLIMITED,
including, but not limited to, CellTech Magic Diamond, Gold, Silver,
Fixed Line Unlimited, VonaLingo and other Calling Plans. UNLIMITED is
meant to indicate that there are no predetermined restrictions or fixed
number of minutes that can be used, not that the service can be used in
what the company, at its sole discretion, considers abusive, excessive,
or abnormal levels of utilization. If CellTech Magic determines, in its
sole discretion, that your Service is being used for what it considers
excessive use, CellTech Magic reserves the right to immediately
terminate Service without notice or modify the Service and to assess
additional charges for each month in which excessive usage occurred.
CellTech Magic may, at its sole discretion, provide warning and advance
notice of failure to comply with excessive use provisions in order to
give the user an opportunity to bring their usage in line with
acceptable, normal use of the Service, as defined by the normal use of
the overall peer group.
Network Integrity and Security
You are expressly prohibited from any use of the Service or any
other action that, in CellTech Magic's sole discretion, is deemed to
present a risk to the network integrity or security of CellTech Magic or
its vendors, whether directly or indirectly. CellTech Magic, at its sole
discretion, may terminate your Service without advance notice if it
determines your actions could cause a network disruption or security
breach.
Telephone Number
You may not sell any telephone number assigned by CellTech
Magic ("Number"). Upon termination of the Service, CellTech Magic may,
at its sole discretion, release a Number that was ported in from a
previous service provider to CellTech Magic by you and used in
connection with your Service provisioned by CellTech Magic to your new
service provider, if such new service provider is able to accept such
Number, provided that your entire account will be terminated upon the
transfer of your number, that you have paid all charges due to CellTech
Magic through the date of such transfer, and that you request the
transfer to become effective upon termination your account.
Local Number Portability
If you transfer to CellTech Magic an existing phone number
which is currently subscribed to a carrier other than CellTech Magic,
the following terms and conditions apply: (1) you hereby authorize
CellTech Magic to notify your local telephone company of your decision
to switch your local services to CellTech Magic and to transfer your
telephone number, and represent that you are authorized to take this
action; (2) you acknowledge and agree that you must successfully install
and activate your Service prior to the date that the number switch
becomes effective; and (3) CellTech Magic has the right to refuse to
import a number if, in its sole discretion, it does not have the
infrastructure to support the number. You remain solely responsible for
any charges you incur with the telephone company from which the number
is being transferred during the period of the transfer, regardless of
delays in completing the transfer caused by any reason by any party.
Unlawful and Prohibited Use
You agree to use the Service only for lawful purposes. You are
expressly prohibited from using the Service to transmit or receive any
communication or material of any kind when in CellTech Magic's sole
judgment the transmission, receipt, or possession of such communication
or material would constitute, or encourages conduct that would
constitute, a criminal offense, give rise to a civil liability, or
otherwise violate any applicable laws. You acknowledge that neither
CellTech Magic nor its vendors are responsible for the content of the
transmission that may pass through the Service. You are expressly
prohibited from using the Service or Equipment for any abusive or
fraudulent purpose, including using the Service in a way that interferes
with our ability to provide the Service to you or other customers or
avoids your obligation to pay for communications services. CellTech
Magic, in its sole discretion, may terminate your Service without
advance notice if it believes you have violated the aforementioned
restrictions, or if you act in a manner that is threatening, obscene,
harassing, or abusive to CellTech Magic personnel. You are liable for
any and all use of the Service by any person using the Service provided
to you and agree to indemnify and hold harmless CellTech Magic against
any and all liability for any such use. If CellTech Magic, in its sole
discretion, believes that you have violated the aforementioned
restrictions, CellTech Magic may forward personally identifiable
information to the appropriate authorities for investigation and
prosecution and you hereby consent to such forwarding.
Tampering
You agree not to disrupt the Service or make any use of the
Service that is inconsistent with its intended purpose or to attempt to
do so. CellTech Magic, in its sole discretion, may terminate your
Service without advance notice should you tamper with the Service in any
way.
Theft of Service
You agree to notify CellTech Magic immediately if you become
aware at any time that your Service is being stolen or fraudulently
used. You must provide a detailed description of the circumstances of
the theft or stolen or fraudulent use of the Service and supply any
additional documentation reasonably requested by CellTech Magic. Failure
to do so in a timely manner may result in the termination of your
Service and additional charges.
Copyright, Trademark, and Unauthorized Use
All Services, information, documents, and materials on CellTech
Magic's website are protected by copyright, trademark, or other
intellectual property laws and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names,
logos, and domain names (collectively "Marks") of CellTech Magic are and
shall remain the exclusive property of CellTech Magic and nothing in
this Agreement shall grant you the right or license to use such Marks.
Audit and Law Enforcement
CellTech Magic reserves the right to audit your use of the
Service to enforce the provisions of this Agreement. CellTech Magic
reserves the right to track and monitor your Service and usage subject
to the requirements of the United States Patriot Act and other laws and
appropriate law enforcement processes. You acknowledge and agree that
this Agreement is sufficient notice to you of such monitoring to the
extent any notice is required under applicable federal or state law. If
we believe that you have used our service for an unlawful purpose, we
may forward the relevant communication and other information, including
your identity, to the appropriate authorities for investigation and
prosecution. You consent to our forwarding of any such communications
and information to these authorities. In addition, we may disclose your
name, telephone number, credit card information, and other personal
information, any communications sent or received by you, and any other
information that we may have about your account, including but not
limited to, types of service, length of service, email address(es), and
all other account information, as follows: in response to law
enforcement or other governmental agency requests; as required by law,
regulation, rule, subpoena, search warrant, or court order; as necessary
to identify, contact, or bring legal action against someone who may be
misusing the service; to protect CellTech Magic's rights; or in
emergency situations where disclosure of such information is necessary
to protect CellTech Magic distributors or third parties from imminent
harm.
Use Constitutes Acceptance
Use of the Service, including activation and maintenance of
account standing, as well as actual use of the service to place calls,
listen to messages, etc., constitutes acceptance of this policy.
2.
EMERGENCY SERVICES- DIALING 911
2.1 Description of 911-Type Dialing Capabilities - Activation Required
CellTech Magic
Marketing offers a 911-type dialing service in the U.S. (but may not
offer such service in Canada) that is different in a number of important
ways from the traditional 911 service. You acknowledge and
understand that 911-type dialing is NOT automatic, therefore, you must
first successfully activate the 911 dialing feature by following the
instructions from the "Dial 911" link on your dashboard. You
cannot dial 911 from this line before receiving a confirming email. Once
you receive a confirming email that 911 dialing has been successfully
activated, you may dial 911 as needed. When you dial 911, your call is
routed from the CellTech Magic Marketing network to the Public Safety
Answering Point (PSAP) or local emergency service personnel designated
for the address that you listed at the time of activation. When
you dial 911 from your CellTech Magic Marketing equipment, you will be
routed to the general telephone number for the PSAP or local emergency
service provider (which may not be answered outside business hours), and
may not be routed to the 911 dispatcher(s) who are supposed to receive
incoming 911 calls using traditional 911 dialing. CellTech Magic
Marketing depends on third parties for the forwarding of information
underlying such routing. For this reason, CellTech Magic Marketing and
its third party provider(s) disclaim any and all liability or
responsibility in the event if such information or routing is incorrect.
The 911-type dialing currently is NOT the same as traditional 911 or
E911 dialing and does not necessarily include all of the capabilities of
traditional 911 dialing at this time. Neither CellTech Magic
Marketing nor its officers or employees may be held liable for any
claim, damage, or loss arising from or relating to 911 dialing unless it
is proven that the damage or loss occurred due to the gross negligence,
recklessness, or intentional misconduct on the part of CellTech Magic
Marketing. You agree to indemnify and hold harmless CellTech Magic
Marketing and its third party provider from any claim or action arising
out of misroutes of 911 calls, including but not limited to your failure
to follow correct activation procedures for 911 calling or your
provision to CellTech Magic Marketing of incorrect information in
connection therewith.
2.2
Non-Availability of Traditional 911 or E911 Dialing Service
CellTech Magic
Marketing' Service does NOT support traditional 911 or E911 access to
emergency services. CellTech Magic Marketing does offer a limited
911-type service available only on CellTech Magic Marketing Devices, but
you acknowledge and understand that 911-type dialing is NOT automatic.
You will be required to take some steps, as described in this Agreement
and on CellTech Magic Marketing's website, to activate such 911-type
dialing capabilities. It should be understood that CellTech Magic
Marketing 911 dialing cannot be used in combination with a CellTech
Magic Marketing Soft Phone application and is only available on CellTech
Magic Marketing-certified Devices or Equipment. You agree to inform the
non-availability of traditional 911 or E911 dialing from your CellTech
Magic Marketing Service and Device(s) to all of your household
residents, guests and other people who may be present at the physical
location where you utilize the Service. If you activate CellTech Magic
Marketing 911-type dialing service, you agree to inform all of your
household residents, guests and other people who may be present at the
physical location where you utilize the Service as to the important
differences and limitations of CellTech Magic Marketing 911 dialing
service as compared with traditional 911 or E911 dialing that are set
forth in this Agreement.
2.3
911 Dialing Requires Activation
You
acknowledge and understand that 911 dialing does not function unless you
have successfully activated the 911dialing feature by following the
instructions from the "Dial 911" link on your dashboard. That activation
will be confirmed when you receive a confirming email. You acknowledge
that you cannot dial 911 from this line until you have received a
confirming email.
2.4
Requires Re-Activation if You Move or Change Location
You agree that
911 dialing will not function properly or at all if you change the
physical location of your CellTech Magic Marketing Device to a different
street address, unless you have successfully activated the 911 dialing
feature by following the instructions from the "Dial 911" link on your
dashboard, and a confirming email was sent to you, which confirmed the
activation. 911 dialing must be re-activated although you may have
activated 911 dialing using your former address. You must separately
activate 911 dialing for any new physical address. If the new
current and correct physical address of your CellTech Magic Marketing
equipment is not provided, it will result in any 911 dialing you may
make being routed to the incorrect local emergency service provider
2.5
Failure to Designate the Correct Physical Address When Activating 911
Dialing
Current and
correct physical address and location of your CellTech Magic Marketing
equipment should be provided by following the instructions from the
"Dial 911" link on your dashboard. This address must be the actual
physical street address. It cannot be a post office box or a mail drop
address. Failure to do so will result in any 911 communication you may
make being routed to the incorrect local emergency service provider
should be provided.
2.6
Automated Number Identification
You understand
that Public Safety Answering Point (PSAP) and emergency personnel may or
may not be able to identify your phone number. They might not be able to
call you back if the call is not completed, is dropped or disconnected,
or if the Service is not operational for any reason, including without
limitation those listed elsewhere in this Agreement. It may not be
possible for the PSAP and the local emergency personnel to identify your
phone number when you dial 911 at this time in the technical development
of CellTech Magic Marketing 911 dialing. CellTech Magic Marketing's
system is configured in most instances to send the automated number
identification information; however, one or more telephone companies,
not CellTech Magic Marketing, route the traffic to the PSAP and the PSAP
itself must be able to receive the information and pass it along
properly, and PSAPs are not yet always technically capable of doing so.
2.7
Requires Re-Activation if You Change Your Number or Add or Port New
Numbers
You
acknowledge and understand that 911 dialing will not function if you
change your phone number or if you add or port new numbers to your
account, unless and until you have successfully activated the 911
dialing feature for your changed, newly added or newly ported number.
You can do this by following the instructions from the "Dial 911" link
on your dashboard. You should then receive a confirmation email, which
confirms your activation. You must separately activate 911 dialing for
any changed or newly added or ported number even though you have
activated 911 dialing with your former CellTech Magic Marketing phone
number.
2.8
Automated Location Identification
At this time,
when you dial 911, it is not possible to transmit identification of the
address that you have listed to the Public Safety Answering Point (PSAP)
and local emergency personnel for your area when you dial 911. You will
need to state the nature of your emergency promptly and clearly. You
understand that you will also be required to include your location, as
PSAP and emergency personnel will NOT have this information. You
acknowledge and understand that PSAP and emergency personnel will not be
able to locate your location if the call is not completed, is dropped or
disconnected, if you are unable to speak to tell them your location
and/or if the Service is not operational for any reason, including
without limitation those listed elsewhere in this Agreement.
2.9
Service Outage
2.9.1 Power Failure or Disruption
You
acknowledge and understand that 911 dialing does not function in the
event of a power failure or disruption. In case of a power failure, 911
dialing will not function until the power is restored. Any kind of
interruption in the power supply can cause a power failure. Customer
might be required to reset or reconfigure equipment prior to utilizing
the Service or 911 dialing in case of a power failure or disruption.
2.9.2
Limitation of Liability and Indemnification
You
acknowledge and understand that CellTech Magic Marketing's liability is
limited for any Service outage and/or inability to dial 911 from your
line or to access emergency service personnel, as set forth in this
document. You agree to defend, indemnify, and hold harmless
CellTech Magic Marketing, 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 the absence, failure or outage of the Service, including 911
dialing and/or inability of Customer or any third person or party or
user of Customer's Service to be able to dial 911 or to access emergency
service personnel.
2.9.3
Service Outage Due to Suspension of Your Account
You
acknowledge that your services will outage due to the suspension of your
account. The suspension can occur because of the billing issues and it
will prevent ALL Service, which includes 911 dialing as well.
2.9.4
Broadband Service / ISP Outage or Termination / Suspension or
Termination by CellTech Magic Marketing
You
acknowledge and understand that the suspension or termination of service
by your broadband provider or ISP or by CellTech Magic Marketing will
prevent ALL Service including 911 dialing.
2.9.5
Other Service Outages
You
acknowledge and understand that there could be a service outage for ANY
reason. Such outages can occur due to many reasons, including, but not
limited to those reasons described elsewhere in this Agreement. Such an
outage will prevent ALL Service, including 911 dialing.
2.10
Possibility of Network Congestion and/or Reduced Speed for Routing or
Answering 911
You understand
that there is a greater possibility of network congestion or reduced
speed in the routing of a 911 communication made through your CellTech
Magic Marketing equipment as compared to traditional 911 dialing over
traditional public telephone networks. You acknowledge and understand
that 911 dialing from your CellTech Magic Marketing equipment will be
routed to the general telephone number for the local emergency service
provider which may not be answered after the business hours, and will
not be routed to the 911 dispatcher(s) who are supposed to receive
incoming 911 calls at such local provider's facilities. Also, the
general telephone number for the local emergency service provider will
produce a busy signal and could take longer to answer, as compared to
those 911 calls routed to the 911 dispatcher(s) who are specifically
designated to receive incoming 911 calls. You acknowledge and accept
that CellTech Magic Marketing relies on third parties for the forwarding
of information underlying such routing, and accordingly CellTech Magic
Marketing and its third party provider(s) disclaim any liability or
responsibility if any such information routing is false. You agree
that CellTech Magic Marketing, its officers or its employees, may not be
held liable for any claim, damage, or loss. You hereby waive any and all
such claims or causes of action, arising from or relating to 911 dialing
unless it is proven that the act or omission proximately which caused
the claim, damage, or loss constitutes gross negligence, recklessness,
or intentional misconduct on the part of CellTech Magic Marketing.
2.11 Alternative 911 Arrangements
You should
always have an alternative means of accessing traditional E911 services.
You understand that CellTech Magic Marketing does not offer primary line
or lifeline services.
3.
WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
3.1 Limitation of Liability
You accept
that CellTech Magic Marketing shall not be held liable for any delay or
failure to provide the Service, which includes 911 dialing, or any
interruption or degradation of voice quality that is caused due to any
of the following reasons:
1) service, equipment, network or facility failure
caused by the loss of power to Customer;
2) equipment, network or facility shortage;
3) equipment, network or facility failure;
4) outage
of Customer's ISP or broadband service provider;
5) equipment, network or facility upgrade or modification;
6) force
major events such as (but not limited to) acts of god; strikes; fire;
war; riot; government actions;
7) act or
omission of an underlying carrier, service provider, vendor or other
third party;
8) equipment or facility relocation;
9) act or
omission of Customer or any person using the Service or Device provided
to Customer; or
10) any other
cause that is beyond CellTech Magic Marketing's control, including
without limitation a failure of or defect in any Device, the failure of
an incoming or outgoing communication, the inability of communications
(including without limitation 911 dialing) to be connected or
completed, , or degradation of voice quality.
CellTech Magic Marketing's aggregate liability for (i) any failure or
mistake; (ii) any claim with respect to CellTech Magic Marketing's
performance or nonperformance hereunder or (iii) any CellTech Magic
Marketing act or omission in connection with the subject matter hereof
shall in no event exceed Service charges with respect to the affected
time period.
3.2
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 will assure that your use
or the 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. A "User" is any person, whether authorized or
unauthorized, using the Service and/or Device provided to you. If
CellTech Magic Marketing observes that such use or content does not
conform with the requirements set forth in this Agreement or interferes
with CellTech Magic Marketing's ability to provide Services to you or
others, it reserves the right to terminate or suspend the affected
Services, and it could remove your or Users' content from the Services.
Also, if CellTech Magic Marketing receives some notice from anyone that
your or Users' use or Content is violating any laws or regulations,
CellTech Magic Marketing can terminate or suspend the affected Services,
and/or remove your or Users' content from the Services. CellTech Magic
Marketing'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 CellTech Magic Marketing 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.
3.3
Disclaimer of Damages
SHALL CellTech
Magic Marketing, 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 IN ANY EVENT
FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES 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, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF
LIABILITY AND APPLY WHETHER OR NOT CellTech Magic Marketing WAS INFORMED
OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
3.4
No Third Party Beneficiaries
In this
Agreement, no provision 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.
3.5
No Warranties, or Limited Warranties, for Devices
If the new
Device received by the Customer included a limited warranty at the time
of receipt, the Customer must refer to the separate limited warranty
document which is provided with the Device for information on the
limitation and disclaimer of certain warranties. The remedies for breach
of any such warranties will be limited to those expressly set forth in
such documentation. In case the Customer's Device did not include a
limited warranty from CellTech Magic Marketing at the time of receipt,
the Customer then agrees to accept its Device "as is". The Customer is
not entitled to replacement or refund in the event of any defect, except
that for Retail Customers only, CellTech Magic Marketing will provide a
limited warranty on the Device as to manufacturing defects only for a
period of one year starting from the date of when it was purchased. This
Retail Customer limited warranty shall not apply to any defect or
failure other than a manufacturing defect, and, without limiting the
generality of the foregoing, shall not apply toany defect caused by
damage in transit, retailer handling or Retail Customer handling. In
case if there is any breach of this Retail Customer limited warranty,
then the Retail Customer's sole remedy is to obtain a repaired or
replacement Device, by following the return procedures set forth in
Section 1.5. Retail Customer must include a letter with the
returned Device which states that the Retail Customer is returning the
Device for warranty repair or replacement. The letter should also
include the nature of the defect. This Retail Customer limited warranty
shall also apply in lieu of the limited warranty included with the
Device if such included limited warranty is less favorable to Retail
Customer than that contained herein... OTHER THAN WARRANTIES AS TO
THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE
AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN,
CellTech Magic Marketing MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY,
FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF
DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY
FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S
REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY
DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION
PROVIDED WITH THE DEVICE.
3.6
Indemnification
The Customer
agrees to indemnify and hold CellTech Magic Marketing, its officers,
directors, employees, affiliates and agents and any other service
provider who furnishes services to Customer harmless in connection with
this Agreement or the Service, from any kind of 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 the user of the Customer's Service, relating to this Agreement,
the Services, including 911 dialing, or the Device. This paragraph shall
survive termination of this Agreement.
3.7
No Warranties on Service
CellTech Magic
Marketing makes no express or implied warranties, including but not
limited to , any implied warranties of merchantability, fitness of the
service for a particular purpose, title or non-infringement or any
warranty rising by usage of trade, course of performance, course of
dealing, or any other warranty related to the service that it will meet
the Customer's requirement. There is no warranty by CellTech Magic
Marketing that the service will be without any delay, failure,
interruption, or any error, degradation of the quality of voice or loss
of content, data or other information. NEITHER CellTech Magic Marketing
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 CellTech Magic Marketing'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 CellTech Magic Marketing's OR ITS SERVICE PROVIDER'S OR
VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE
SERVICE OR DEVICE, IF ANY, BY CellTech Magic Marketing OR CellTech Magic
Marketing''s AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS
A WARRANTY OF ANY KIND.
4. CHARGES
/ PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1 Billing
Customers are
required to give us a valid credit card number (Visa, MasterCard,
Discover, American Express or any other issuer then-accepted by CellTech
Magic Marketing) when the Service is activated. CellTech Magic Marketing
reserves the right to stop accepting credit cards from one or more
issuers. You are required to inform CellTech Magic Marketing immediately
if your credit card expires, or you decide to close your account, your
billing address is changed, or the card is cancelled and replaced owing
to loss or theft. CellTech Magic Marketing will bill all charges,
applicable taxes and surcharges monthly in advance (except for
usage-based charges, which will be billed monthly in arrears, and any
other charges which CellTech Magic Marketing decides to bill in arrears)
to your credit card, including but not limited to: activation fees,
monthly Service fees, international usage charges, advanced feature
charges, equipment purchases, disconnect fees and shipping and handling
charges. CellTech Magic Marketing reserves the right to bill at
more frequent intervals if the amount due at any time exceeds $50. Any
usage charges will be billed in increments that are rounded up to the
nearest minute except as otherwise set forth in the rate schedules found
which can be found on CellTech Magic Marketing's website.
4.2 Payment
Payments only
made by credit cards are accepted by CellTech Magic Marketing as set
forth in Section 4.1. CellTech Magic Marketing is authorized by
your initial use of the Service to charge the credit card account number
on file with CellTech Magic Marketing, which includes any changed
information provided to CellTech Magic Marketing if the card expires or
if it is replaced, or if you substitute a different card, for CellTech
Magic Marketing charges as set forth in Section 4.1. This authorization
will remain valid until 30 days after CellTech Magic Marketing receives
your written notice terminating CellTech Magic Marketing's authority to
charge your credit card. CellTech Magic Marketing will charge you the
disconnect fee and any other outstanding charges and then terminate the
Service. CellTech Magic Marketing reserves the right to terminate your
Service at any time in its sole discretion, if any charge to your credit
card on file with CellTech Magic Marketing is declined or reversed, your
credit card expires and you have not provided CellTech Magic Marketing
with a valid replacement credit card or in case of any other non-payment
of account charges. Termination of Service for declined or expired
card, reversed charges or non-payment leaves you FULLY LIABLE to
CellTech Magic Marketing for ALL CHARGES ACCRUED BEFORE TERMINATION and
for all costs incurred by CellTech Magic Marketing in collecting such
amounts, such as (but not limited to) collection costs and attorney's
fees.
4.3 Disconnect Fee
Upon
termination of Service, which could be for any reason, the Customer will
be charged a disconnect fee of $39.99 per voice line. This fee will be
billed directly to Customer's credit card. The disconnect fee becomes
due and payable immediately upon termination. In case the Customer has
multiple lines, Customer will be charged a disconnect fee of $39.99 per
line for each line disconnected. In order to receive a credit for the
disconnect fee, Customer is required to return the Device(s) undamaged
and in original condition within fourteen (14) days of termination. The
Customer will not receive any credit if the Device(s) is damaged or not
in its original condition as received by the Customer or if Customer has
otherwise failed to comply fully with the requirements of Section 1.5.
In the event Customer disconnects multiple lines, CellTech Magic
Marketing will issue Customer a credit for all disconnect fees upon
receipt of all Devices (including without limitation Multimedia Terminal
Adapters) in accordance with this Section and Section 1.5.
4.4
Billing Disputes
Customer is
required to notify CellTech Magic Marketing within 7 days in writing
after receiving credit card statement if Customer disputes any CellTech
Magic Marketing charges on that statement or such dispute will be deemed
waived. Billing disputes should be notified to the following address:
CellTech
Magic Marketing Inc.
13210 Harbor
Blvd., Suite 157, Garden Grove, CA 92843
Tel
1-714-338-8900 Fax 1-714-265-9915
4.5
Payphone Charges
You agree that
CellTech Magic Marketing is entitled to recover from you any charges
imposed on CellTech Magic Marketing by payphone owners or operators,
either directly or indirectly through CellTech Magic Marketing's
suppliers in connection with toll free calls made to your number, or any
charges imposed on CellTech Magic Marketing by its suppliers to recover
such costs if you make use of CellTech Magic Marketing's Toll Free Plus
feature or any toll free feature that may be offered by CellTech Magic
Marketing in the future. CellTech Magic Marketing is entitled to recover
these amounts by means of a per-call charge, rounded up to the next
cent, or in such other fashion as CellTech Magic Marketing deems
appropriate for the recovery of these costs.
4.6
Termination/Discontinuance of Service
CellTech Magic
Marketing reserves the right to suspend or discontinue the Service it is
providing generally, or to terminate your Service at any time in its
sole discretion. Customer will only be responsible for charges accrued
through the date of termination, including a pro-rated portion of the
final month's charges if CellTech Magic Marketing discontinues providing
the Service generally, or terminates its Service in its discretion
without a stated reason. If the reason for the termination of Service is
stated, including without limitation violation of this Agreement, or
because of any improper use of the Service or Device such as your
attempts to hack, disrupt, or misuse the Service or your acts or
omissions that violate any acceptable use policy of CellTech Magic
Marketing or of a third party provider to which CellTech Magic Marketing
is subject, you will be responsible for the full month's charges to the
end of the current term, including without limitation unbilled charges,
plus the disconnect fee, all of which immediately become due and
payable.
4.7
Money Back Guarantee; Limitations and Conditions
CellTech Magic
Marketing offers a 14-day Money Back Guarantee (30 days for Retail
Customers; see offer details in advertising or online content of the
retailer from whom Retail Customer purchased Equipment for the
applicable time period) (such 14, or 30, the "Warranty Period"),
applicable only to User's first-ordered line per account. It is not
applicable to additional lines or secondary lines. Under terms of this
Money Back Guarantee, CellTech Magic Marketing refunds the activation
fee, first month of service, and shipping charges and waives the
disconnect fee, if the terms which are described below are satisfied.
Federal excise taxes and any other applicable taxes cannot be refunded.
CellTech Magic Marketing reserves the right to terminate or revoke this
Money Back Guarantee at any time, without prior notice. In order to be
entitled to this Money Back Guarantee, User (i) must cancel service
within the number of days in the Warranty Period after the account
activation; (ii) must not have exceeded 250 minutes of usage (500
minutes for Retail Customers); and (ii) must return all Devices within
14 days after cancellation pursuant to Sections 1.5 and 4.3. User
remains responsible for any charges for domestic usage in excess of the
amount included within the Plan to which User had subscribed,
international usage (including the charges described in Section 4.9),
payphone calls to CellTech Magic Marketing toll free numbers and
directory assistance. The money back guarantee does not apply to the
accounts which exceed 250 minutes (500 minutes for Retail Customers) of
usage. Also, these accounts will not be eligible for any kind of refund
of any of the charges described here. All the Devices that the Customers
return back to CellTech Magic Marketing must be in their original
packaging with the UPC or bar code intact with every component that came
with the device, manuals and registration card(s). Equipment must be
returned with a valid return authorization number obtained from CellTech
Magic Marketing customer care. User is responsible for the cost and risk
of return shippingof equipment. THE MONEY BACK GUARANTEE WILL NOT BE
HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS. To obtain a
return authorization number, User must contact support@celltechmagic.com
or 1-714-338-8900.
4.8
Taxes
In addition to
the payment for the Service and Device, you will also have to pay any
federal, provincial, state, municipal, local, or other governmental
sales including use, excise, value-added, personal property, public
utility or other taxes, and fees and charges that are either now in
force or passed in the future. These charges could arise from or as a
result of your subscription or use or payment for the Service or a
Device. These amounts will also be billed to your credit card as set
forth in this Agreement. If you are exempt from payment of such
taxes, you shall provide CellTech Magic Marketing with an original
certificate that satisfies applicable legal requirement attesting to
tax-exempt status. Tax exemption will only apply from and after
the date CellTech Magic Marketing receives such certificate.
4.9
Charges for Directory Calls
For each call
that is made to CellTech Magic Marketing directory assistance, you will
be charged 99 cents for it by CellTech Magic Marketing.
5.
CHANGES TO THIS AGREEMENT
CellTech Magic Marketing reserves the right to change the terms and
conditions discussed in this Agreement from time to time. Notices will
be considered given and effective on the date posted on to the "Service
Announcements" section of CellTech Magic Marketing's website (currently
located at http://www.celltechmagic.com. These changes made will become
binding on Customer, on the date posted to the CellTech Magic Marketing
website. After that no further notice by CellTech Magic Marketing will
be required. When the new Agreement will be posted, it will
surpass all the previously agreed terms of service in electronic and
written, including without limitation any terms included with the
packaging of the Device and it will also surpass any written terms
provided to Retail Customers in connection with retail distribution,
including without limitation any written terms that will be enclosed
within the packaging of the Device..
6.
GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Entire Agreement
The rates for
CellTech Magic Marketing Service, which can be found on CellTech Magic
Marketing website and this Agreement This Agreement and the rates for
Services found on CellTech Magic Marketing's website form this entire
agreement between CellTech Magic Marketing and you and govern your use
of the Service. This agreement will override any prior agreements
between you and CellTech Magic Marketing and all prior or
contemporaneous statements, understandings, writings, commitments, or
representations concerning its subject matter. It is clear that any
modifications made to this Agreement shall not be binding upon CellTech
Magic Marketing unless and until posted in accordance with Section 3
hereof.
6.2
Mandatory Arbitration
In a situation
where any dispute or claim arise between the Customer and CellTech Magic
Marketing, which is related to the Service or Device provided in
connection with this Agreement, it shall be resolved by arbitration
before a single arbitrator administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules (or, for
Customers subscribing to service in Canada, a Canadian arbitration
organization of CellTech Magic Marketing's choosing). The
arbitration will be taking place in Las Vegas, Nevada. It will be
conducted in English. The arbitrator's decision shall be final and will
be binding on both the parties and it will follow the plain meaning of
the relevant documents. 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 any class action of any kind in court or in 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.
6.3 Severability
If any part of
this Agreement is declared legally void or is 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.
6.4
Governing Law
The Agreement
and the relationship between you and CellTech Magic Marketing shall be
governed by the laws of the State of Nevada. For the Customers who are
subscribing to Service in Canada, the Canadian Law will be applicable.
This will be without regard to its conflict of law provisions. To
the extent court action is initiated to enforce an arbitration award or
for any other reason consistent with Section 6.1, you and CellTech Magic
Marketing agree to submit to the personal and exclusive jurisdiction of
the courts located within the State of Nevada and waive any objection as
to venue or inconvenient forum. The failure of CellTech Magic
Marketing 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.
7.
PRIVACY
CellTech Magic Marketing
will not be held liable for any lack of privacy which may occur with
regard to the Service. CellTech Magic Marketing Service utilizes, in
whole or in part, the public Internet and third party networks to
transmit voice and other communications. Please refer to our Privacy
Policy applicable to you at
http://www.celltechmagic.com for additional information. |