TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) AND THE ACCEPTABLE USE POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW.
BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE ACCEPTABLE USE POLICY AND THAT YOU INTEND AND AGREE TO BE LEGALLY BOUND BY THE PROVISIONS HEREOF AND THEREOF. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT AND THE ACCEPTABLE USE POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
DESCRIPTION OF SERVICES
The Services (defined below) are provided to you by Interpose Systems LLC., d/b/a PhoneDynamo (“Service Provider”) and certain of Service Provider’s affiliates and/or other third-party providers under contract with Service Provider. For purposes of this Agreement, “Services” means connecting End-Users to the forwarding telephone information provided by Paid Subscribers and other related methods for managing callers, phone numbers and messaging. This Agreement applies to both Paid Subscribers and End-Users that are not Paid Subscribers. If you subscribe for a Subscription Plan (defined below), you may be referred to herein from time to time as a “Paid Subscriber,” and the definition of “Services” shall be expanded to include the Services listed and described in the applicable Subscription Plan. If you use the Services without subscription to a Subscription Plan, you may be referred to in this Agreement as an “End-User.” References to “you” in this Agreement refer to you and your use of the Services, whether as an End-User, a Paid Subscriber or both. For purposes of this Agreement, the additional Services offered to Paid Subscribers are sometimes referred to herein as “enhanced Services.” Unless expressly stated otherwise, any new features provided by Service Provider that change, modify or delete the current Services applicable to your use of the Services shall also constitute “Services” and shall be subject to this Agreement.
Service Provider reserves the right to restrict or prevent access to certain telephone forwarding information in its sole discretion. This may include certain geographic locations, special service numbers, satellite telephony services or any other call forwarding services.
NO 911 OR EMERGENCY SERVICE
You acknowledges and understand that the Services do NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. You should inform others who use devices used to access the Services that they must access emergency service numbers through a traditional landline or mobile phone. The Services are not intended to replace your primary phone service, such as traditional landline or mobile phone.
NO CHILDREN UNDER THE AGE OF 13
In response to the Children’s Online Privacy Act, the PhoneDynamo website and the Services are not directed to children under the age of 13. The Site prohibits registration by and will not knowingly collect personally identifiable information from anyone under 13.
By using the Services, you represent that you are over the age of 13, that you have the legal capacity to form a binding contract, and that you are not barred from receiving the Services under the laws of the United Stated or another applicable jurisdiction. If you are between the age of 13 and 18, Service Provider reserves the right to require parental consent to your use of the Services. You also agree to provide true, accurate, current and complete information when providing information to Service Provider. If Service Provider suspects that such information is not true, accurate, current and complete, Service Provider reserves the right to suspend or terminate your Paid Subscription account and/or your access and use of Services, without notice, and the right to cancel any and all current or future use of the Services (or any portion thereof) without any refund.
GRANT OF RIGHTS
Subject to the provisions of this Agreement and the Acceptable Use Policy, Service Provider grants you a limited, personal, non-transferable, non-exclusive and revocable license to access and use the Services. You shall access and use the Services strictly in accordance with this Agreement and Service Provider’s Acceptable Use Policy.
You may not, nor allow any third-party to copy, distribute, redistribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble create derivative works or reverse engineer the Services for any purposes whatsoever. You may not grant any sublicense, lease or other right in the Services to any third-party. Any rights not expressly granted by this Agreement are reserved and retained by Service Provider.
PAID SUBSCRIPTION PLANS
You shall not enter forwarding telephone number(s) that are not controlled by you or under your common control. Service Provider reserves the right to terminate, disconnect, restrict or modify your access to or use of the Services if Service Provider suspects that your forwarding telephone information is false, inaccurate, not current or otherwise not under your control or your common control.
BILLING AND PAYMENT
You will only have to pay for Services if you elect to create an PhoneDynamo Account. Service Provider offers several different levels of enhanced Services to Paid Subscribers, each with different enhanced Service levels and payment obligations. By creating an PhoneDynamo account, and by selecting one of the available Subscription Plans offered by Service Provider, you agree to pay the fees, costs and expenses listed and described in such Subscription Plan. You hereby authorize PhoneDynamo to charge your designated payment method in advance for all applicable fees incurred by your Account in connection with your chosen Service plan. All payments must be in United States dollars.
Subscription Plans may include per call and/or per minute charges as described in the “Plans & Features” section of the PhoneDynamo site. The information and rates may change from time to time at the sole discretion of PhoneDynamo. All calls are billed in full-minute increments, and actual call times are rounded up to the next full increment at the end of each call for billing purposes. Call times are measured from the time the network begins to process the call (before the phone rings or the call is answered) through its termination of the call (when you hang up).
Notwithstanding the description of the fees, costs and expenses for which you will be responsible as a Paid Subscriber under the applicable Subscription Plan that you select, you will also be responsible for all fees, costs, taxes, fines, penalties and expenses that may be imposed by any third-party or government entity in connection with the Services, all of which are excluded from the charges imposed by Service Provider and are in addition to the fees charged by Service provider. These fees, costs, taxes, penalties and expenses may include charges for calls to or from certain locations, including without limitation pay phones, calls placed, areas with extended calling zones, and may also include surcharges, assessments, government fees and/or charges imposed by other third-party special or enhanced service providers used by you and/or used by any End-User connected with you by use of the Services. All of the foregoing will be billed to you as such fees, costs, taxes, fines, penalties and expenses are incurred, although Service Provider may accumulate these expenses and bill them to you on a periodic basis.
Service Provider accepts VISA and MasterCard credit cards. By becoming a Paid Subscriber you represent and warrant to Service Provider that: (a) the credit card information you provide to Service Provider is true, accurate, current and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Each time your subscription plan generates a fee, you authorize PhoneDynamo to charge your payment method for these charges. In addition, you hereby authorize PhoneDynamo to obtain updated account information directly from your Credit Card Company and/or financial institution to facilitate any such charges and to retain information about the payment method associated with your account. Every time your account is utilized, you reaffirm that (i) PhoneDynamo is authorized to charge your designated payment method; (ii) PhoneDynamo may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.
At any time, you may update your customer account information by following the instructions posted elsewhere on this site. If you provide a credit card number that Service Provider accepts, you are authorizing Service Provider to charge the amounts owed by you pursuant to this Agreement to that credit card and to demand payment from the card issuer. You also agree to pay the amounts charged to the credit card in accordance with your agreement with such card issuer.
Failure by a credit card issuer to pay the amounts charged to your card shall not affect your obligation to pay for enhanced Services. Payments not paid when due shall be subject to late charges equal to the lesser of one and one-half percent (1.5%) per month of the overdue amount or the maximum amount permitted under applicable law. You shall be responsible for all collection fees (including attorney fees) arising from efforts to collect any past due amounts.
You may cancel your subscription to the service online at anytime. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the "MyAccount" page and select the plan which you want to unsubscribe from, or follow the instructions to unsubscribe in the FAQ.
All sales are final.
PhoneDynamo WEB-PAGE AVAILABILITY
A Paid Subscriber’s PhoneDynamo public profile pages will be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of Service Provider or which are not reasonably foreseeable by Service Provider, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. Service Provider’s failure to provide Services under such uncontrollable conditions shall not constitute a default under this Agreement.
INFORMATION STORAGE AND DESTRUCTION
You agree that Service Provider shall not be responsible or liable for the deletion, modification or loss of e-mails, voice mails, text messages, telephone forwarding information, communications, data and/or other information that may be collected by Service Provider. Service Provider makes no representations or warranties about the length of time Service Provider may or may not store such information and you hereby release Service Provider from any and all liability for any information or data loss in connection with the Services.
TERM AND TERMINATION
The term (“Term”) of this Agreement shall commence upon your use of any Services. If you have subscribed for a Subscription Plan, Service Provider shall provide the enhanced Services to you for the time-periods set forth in the applicable Subscription Plan, unless this Agreement terminates earlier pursuant to the provisions hereof. If a service breach remains uncured 30 days after receipt of a written notice to Provider subscriber may terminate. Your sole and exclusive remedy for breach of this Agreement by Service Provider is to terminate this Agreement as provided in this Agreement.
Service Provider may at any time and without advance notice terminate, disconnect, restrict or modify your access to or use of the Services (whether enhanced Services or otherwise) if Service Provider determines, in its sole discretion, that your use of the Services: (1) violates the provisions of this Agreement or the Acceptable Use Policy; (2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (3) violates any intellectual property rights of Service Provider or a third party; (4) violates any export or import regulations; (5) is disruptive or causes a malfunction of the Service; or (6) may expose Service Provider to potential legal liability. Service Provider may suspend or in its sole option terminate the Services if a Paid Subscriber fails to timely pay any amounts required under this Agreement. Upon termination of this Agreement, all of your rights to Services terminate immediately and the license granted hereby shall be automatically revoked. Paid Subscribers shall remain liable for the full monthly charge (if monthly charges apply) for the month during which such Paid Subscriber’s Service is suspended or terminated and for any usage-based fees. Upon termination in accordance with the foregoing, Service Provider may deactivate or delete your PhoneDynamo account, if any, may reassign any such URL to a different Paid Subscriber, and/or bar your further access or use of any Services (whether as a Paid Subscriber or otherwise), in addition to any other remedies that may be available hereunder or at law or equity.
All pages within the PhoneDynamo website including but not limited to specific subscriber URLs, all material made available for download on any such pages, and all of the Services offered by Service Provider are the property of Service Provider and/or its affiliates. The PhoneDynamo website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Service Provider. The trademarks on our site are the logos, trademarks, and service marks of Service Provider. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement grants or transfers to you any ownership rights in the PhoneDynamo website, the materials made available for download or installation thereon or in or to the Services, including the software and other intellectual property rights related to the Service. The only rights granted to you by this Agreement are the limited license rights set forth above and the other contractual rights set forth herein.
ACCEPTABLE USE POLICY
Service Provider reserves the right to change the Acceptable Use Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address listed by you, if any, and/or by posting the revised Acceptable Use Policy on the PhoneDynamo website. Your continued use of the PhoneDynamo website and/or use of the Services after such modifications will constitute your: (a) acknowledgment of the modified Acceptable Use Policy; and (b) agreement to abide and be bound by the modified Acceptable Use Policy. The latest version of Service Provider’s Acceptable Use Policy can be found on the first page of the PhoneDynamo website.
RESTRICTIONS ON USE
You hereby warrant to Service Provider that you will not use the website or the Services for any purpose that is unlawful and that you shall comply with the Acceptable Use Policy and all applicable laws and regulations, including, but not limited to, those related to copyright, trademark, other intellectual property rights, data privacy, international communications, pornography, obscenity, import and export regulations and tax laws and regulations. You are solely responsible for any content contained on any website on which you post a link to this website. You shall immediately notify Service Provider in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services.
You shall be solely responsible for providing and maintaining all computer equipment, software and telecommunications services necessary to access and use the Services.
YOU ACKNOWLEDGE AND UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET ARE CREATED AND MAINTAINED BY THIRD PARTIES AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, AND/OR ILLEGAL. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES. YOU HEREBY ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE INTERNET GENERALLY. SERVICE PROVIDER DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH HYPERLINKS OR CONTENT LOCATED ON ANY THIRD-PARTY WEBSITE THAT CONTAINS HYPERLINKS TO THE PhoneDynamo WEBSITE.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICES ARE LICENSED “AS IS” AND “AS AVAILABLE”. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, INSTALLATION, USE AND SUITABILITY OF THE SERVICES. SERVICE PROVIDER EXCLUDES AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, NOT STATED HEREIN, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS OR SYSTEM INTEGRATION. THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SERVICE PROVIDER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SERVICE PROVIDER IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
You shall indemnify and hold Service Provider and each of its affiliates, officers, directors, employees, representatives agents and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, liabilities, claims, suits, actions, proceedings, judgments, awards, penalties, fines damages and expenses (including attorneys’ fees) whether or not arising out of third party claims which any Indemnified Party may suffer, sustain or become subject to as a result of, relating or incidental to, by virtue of, or in connection with (a) any negligent acts, omissions or willful or criminal misconduct by you, (b) your use of the Services; and/or (c) any breach of the terms and conditions of this Agreement or Provider’s Acceptable Use Policy by you. This paragraph shall survive the expiration or earlier termination of this agreement.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND SERVICE PROVIDER BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
This paragraph shall survive the expiration or earlier termination of this agreement.
Service Provider makes no representation or warranty that the Services will be legal or available for use in locations outside the United States of America and accessing or using the Services from any location or jurisdiction where such access or use is illegal is hereby prohibited. You shall comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the from or to the location or jurisdiction in which you are located.
In the event that any provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Except as otherwise expressly provided herein, nothing contained in this Agreement is intended to nor shall it confer upon any person or entity, other than the parties hereto any benefit, right or remedies under or by reason of this Agreement.
The Acceptable Use Policy and the terms and provisions of the applicable Subscription Plan (if applicable) are hereby incorporated into and made a part of this Agreement for all purposes.
The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
Time is of the essence with respect to the performance and satisfaction of each of the provisions and conditions of this Agreement.
No provision or condition of this Agreement may be waived except by an instrument duly executed by the waiving party. No delay or failure by any party in exercising any of its rights, remedies, powers or privileges under this Agreement and no custom, practice or course of dealing between or among any of such parties or any other person shall be deemed a waiver by such party of any such rights, remedies, powers or privileges, even if such delay or failure is continuous or repeated. No single or partial exercise of any right, remedy, power or privilege shall preclude any other or further exercise thereof by any such party or the exercise of any other right, remedy, power or privilege by such party, including, without limitation, the right of such party subsequently to demand strict compliance with the terms and conditions of this Agreement.
You agree and acknowledge that any breach of the provisions regarding ownership contained in this Agreement will cause Service Provider irreparable harm and Service Provider may therefore obtain injunctive relief in addition to any other remedies provided for in this Agreement or by law or equity.
You shall not transfer or assign this Agreement or any of the rights under this Agreement. Any purported transfer or assignment in violation of this paragraph is void. Subject to the foregoing, this Agreement shall be binding on and insure to the benefit of the parties, their successors, permitted assigns and legal representatives.
This is the notice required by California Civil Code Section 1789.3: Service Provider can be contacted as follows: Interpose Systems LLC., d/b/a PhoneDynamo, Suite 100, 2730 Gateway Oaks Drive, Sacramento, CA 95833 The charges imposed by the provider for your use of the electronic commercial services are set forth above and in the applicable terms and provisions of the Subscription Plan that you may have selected. The charges imposed for the various Subscription Plans can be found on this website here. If you have any questions about the charges imposed by Service Provider, call the number listed above. To resolve any complaint you may have regarding the electronic commercial service, or to receive more information regarding use of the Services, you should first contact Service Provider at the phone number and address above. If that does resolve your complaint, you must arbitrate the dispute in accordance with the arbitration provisions set forth above. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N Market Blvd., Suite N 112, Sacramento, California 95834, by telephone at 1-916-445-1254.