TERMS AND CONDITIONS OF USE (TACOU) FOR PAGEPLUSDIRECT.COM (the "WEBSITE"):
Notice of Agreement / Legal Document
PagePlusDirect.com (PPD) welcomes you. The following document/agreement is a contract - Legally Binding Agreement. Please read this entire agreement carefully before you use the services provided by this web site and before you agree to purchase any products from this website. By accessing this Site (the "Site") and any of its pages an individual shows acceptance of these Terms and Conditions as they are declared here. PagePlusDirect.com requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms and Conditions of Use set forth below without limitation or qualification. PagePlusDirect.com may revise these Terms and Conditions at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You can review the most current version of the TACOS at any time at: http://www.pageplusdirect.com/terms.html. Therefore you should visit this posting to review these Terms and Conditions of Use from time to time as you visit the Site. For purposes of these Terms and Conditions references to PagePlusDirect.com include its affiliates, owners, and employees. IF YOU DO NOT AGREE TO TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE AND SHOULD EXIT IMMEDIATELY. Your use of PagePlusDirect.com Web Site constitutes your agreement to and acceptance of these terms and conditions.
PagePlusDirect, (hereinafter referred to as "PagePlusDirect.com") is located at 379 Appleway Street, Beaverton, OR 97229 (contact us for mailing address).
"CUSTOMER," "YOU," and "YOUR" refer to:
the natural person using this Web site, regardless of whether he or she is acting is his or her individual capacity, or as the agent for any other natural person or business entity; and
the natural person who is the principal of any electronic agent(s) using this Web site, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this Web site.
In this Agreement, PagePlusDirect.com and YOU may sometimes be referred to collectively as the "PARTIES." Where this Agreement uses the term "PARTIES," it intends both YOU and PagePlusDirect.com
Page Plus® and PagePlusDirect.com Non-Affilation Statement
The Page Plus® logo and Page Plus® product images are registered trademarks of Page Plus®. PagePlusDirect.com is in no way affiliated with Page Plus®. PagePlusDirect.com refers to these logos and or names solely for the purpose of demonstrating the products and or services that it resells. All Page Plus® plan information contained on this page is subject to change. PagePlusDirect.com is not responsible for maintaining current information and customers should contact the Page Plus® Cellular for the latest plan details.
Intent To Enter Agreement To Purchase Prepaid Services / Products
PagePlusDirect.com desires to provide the PagePlusDirect.com Web Site and YOU desire to use said PagePlusDirect.com Web Site, provided by PagePlusDirect.com, subject to the terms and conditions of this Agreement, to purchase Page Plus® prepaid telephone calling services.
In consideration of PagePlusDirect.com's providing access to and use of PagePlusDirect.com Web Site to YOU, YOUR payment of and promises to pay fees to PagePlusDirect.com, and YOUR promises to abide by the terms and conditions of this Agreement, as PagePlusDirect.com may amend or revise this Agreement from time to time, and in consideration of all the mutual covenants and promises made in this Agreement, the PARTIES hereby agree as follows:
Disclaimer of Warranties
Your use of PagePlusDirect.com Web site and any components of PagePlusDirect.com Web Site are at your sole risk, and you voluntarily assume that risk. PagePlusDirect.com Web Site and all of its components are provided on an "AS IS," "AS AVAILABLE" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion and provided by the manufacturer or service provider or carrier.
PagePlusDirect.com hereby disclaims all WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE or any warranties arising from course of dealing or usage of trade.
No advice or information given by PagePlusDirect.com shall create a warranty of any kind. PagePlusDirect.com does not warrant that the service will be uninterrupted or error-free or that any information, software, or other material accessible on the service is free of viruses, cancelbots, worms, logic bombs, trojan horses, or other harmful contents or components.
PagePlusDirect.com is not responsible for the contents of any Web site to which PagePlusDirect.com Web Site links, or any link contained in a linked site, or any changes or updates to such sites. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PagePlusDirect.com of the site to which PagePlusDirect.com Web Site links, nor shall any link create any express or implied warranty binding on PagePlusDirect.com
The products and services (collectively, the "merchandise") offered for purchase through PagePlusDirect.com Web Site are provided by third parties who are not under the direction or control of PagePlusDirect.com Nor does PagePlusDirect.com either expressly or impliedly claim to be an authorized dealer or representative of any of the individuals, companies, or organizations (collectively referred to as "vendors") who are offering or promoting merchandise through the site. PagePlusDirect.com neither represents nor warrants nor endorses the accuracy or reliability of any information or advertisements uploaded, displayed, or distributed through PagePlusDirect.com Web site. PagePlusDirect.com in no way either expressly or impliedly takes responsibility for the quality of any merchandise available for purchase through PagePlusDirect.com Web Site.
PagePlusDirect.com further disclaims all warranties on the merchandise, either express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT YOUR USE OF PagePlusDirect.com WEB SITE AND ANY COMPONENTS OF PagePlusDirect.com WEB SITE ARE AT YOUR SOLE RISK, AND THAT YOU VOLUNTARILY ASSUME THAT RISK. PagePlusDirect.com WEB SITE AND ALL OF ITS COMPONENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
PagePlusDirect.com's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF PagePlusDirect.com WEB SITE AND ANY COMPONENTS OF PagePlusDirect.com WEB SITE, AS WELL AS PagePlusDirect.com's LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID TO PagePlusDirect.com BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, PagePlusDirect.com's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
PagePlusDirect.com WEB SITE AND ALL OF THE COMPONENTS OF PagePlusDirect.com WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
NO ADVICE OR INFORMATION GIVEN BY PagePlusDirect.com, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY KIND. NEITHER PagePlusDirect.com NOR ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES, OR OTHER HARMFUL CONTENTS OR COMPONENTS.
Specific Information Available on PagePlusDirect.com Website
PagePlusDirect.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON PagePlusDirect.com WEB SITE AND ITS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
PagePlusDirect.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON PagePlusDirect.com WEB SITE AND ITS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PagePlusDirect.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Links to Third Party Web Sites
SOME OF THE LINKS ON PagePlusDirect.com WEB SITE WILL LET YOU LEAVE THE PagePlusDirect.com WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PagePlusDirect.com AND PagePlusDirect.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
PagePlusDirect.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PagePlusDirect.com OF THE SITE TO WHICH PagePlusDirect.com WEB SITE LINKS, NOR SHALL ANY LINK CREATE ANY EXPRESS OR IMPLIED WARRANTY BINDING ON PagePlusDirect.com
Products and Services Available from PagePlusDirect.com Web Site
PagePlusDirect.com is pleased that YOU have decided to purchase products and/or services offered by Page Plus® Cellular on PagePlusDirect.com Web Site. To ensure that YOU are aware of YOUR rights related to purchasing products and/or services offered by Page Plus® Cellular on PagePlusDirect.com Web Site, PagePlusDirect.com has created the following disclaimers which are binding and material terms of this Agreement. YOUR ordering any products and/or services on PagePlusDirect.com Web Site constitutes YOUR agreement to the following disclaimers.
YOUR PURCHASE OF ANY PRODUCTS THROUGH PagePlusDirect.com WEB SITE INDICATES YOUR ACCEPTANCE THE TERMS STATED HEREIN. PLEASE REMEMBER THAT ALL OF THE RULES STATED IN THIS AGREEMENT APPLY TO THE PURCHASE OF ANY PRODUCTS/SERVICES THROUGH PagePlusDirect.com WEB SITE.
THE MERCHANDISE, PRODUCTS OR SERVICES (COLLECTIVELY, THE "MERCHANDISE") OFFERED FOR PURCHASE THROUGH PagePlusDirect.com WEB SITE ARE PROVIDED BY THIRD PARTIES WHO ARE NOT AFFILIATED WITH OR UNDER THE DIRECTION OR CONTROL OF PagePlusDirect.com NOR DOES PagePlusDirect.com EITHER EXPRESSLY OR IMPLIEDLY CLAIM TO BE AN AUTHORIZED DEALER OR REPRESENTATIVE OF ANY OF THE INDIVIDUALS, COMPANIES, OR ORGANIZATIONS (COLLECTIVELY REFERRED TO AS "VENDORS") WHO ARE OFFERING OR PROMOTING MERCHANDISE THROUGH THE SITE. PagePlusDirect.com NEITHER REPRESENTS NOR WARRANTS NOR ENDORSES THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVERTISEMENTS UPLOADED, DISPLAYED, OR DISTRIBUTED THROUGH PagePlusDirect.com WEB SITE. PagePlusDirect.com IN NO WAY EITHER EXPRESSLY OR IMPLIEDLY TAKES RESPONSIBILITY FOR THE QUALITY OF ANY MERCHANDISE AVAILABLE FOR PURCHASE THROUGH PagePlusDirect.com WEB SITE.
PagePlusDirect.com FURTHER DISCLAIMS ALL WARRANTIES ON THE MERCHANDISE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
THE VENDORS SELLING THE MERCHANDISE THROUGH PagePlusDirect.com WEB SITE ARE SOLELY RESPONSIBLE FOR THE REPRESENTATIONS REGARDING THE MERCHANDISE ADVERTISED ON PagePlusDirect.com WEB SITE. IN NO EVENT SHALL PagePlusDirect.com, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE FOR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, ATTORNEYS' FEES OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY KIND OF DAMAGES WHATSOEVER, EVEN IF PagePlusDirect.com OR ANY OF THE OTHER PERSONS OR ENTITIES IDENTIFIED IN THIS PARAGRAPH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, MERCHANDISE, AND MATERIALS AVAILABLE FROM PagePlusDirect.com WEB SITE.
In the event that Page Plus (also known as the "Service Provider") ceases operations or otherwise experiences service disruptions (either intentionally or through no fault of their own), PagePlusDirect.com will in no way be held liable for unfulfilled service obligations or commitments. This means that if Page Plus's services are temporarily interrupted, severely restricted, or even terminated completely (the "event"), NO refunds will be issued for unused or partially used portions of service. PagePlusDirect.com is an intermediary agent, and NOT the actual service provider. All claims arising from service disruptions or outages, whether temporary or permanent, will need to be taken up with the Service Provider directly. UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARIES, OR OUR EMPLOYEES BE LIABLE FOR UNFULFILLED CELLULAR SERVICE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OF PAGE PLUS, THE SERVICES OF OUR OTHER PROVIDERS, OR OUR WEB-SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE).
By YOUR agreeing to this disclaimer, YOU are indicating that YOU will not for any reason take any legal action against PagePlusDirect.com, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors, or their respective agents or employees with respect to any matter covered by the aforementioned disclaimers.
Disputes between YOU and Page Plus® Cellular should be addressed to and taken up with Page Plus® Cellular, and NOT with PagePlusDirect.com
Furthermore, YOUR acceptance of this disclosure also indicates to PagePlusDirect.com that YOU will in no way use PagePlusDirect.com as a mediator or witness in any disputes between YOU and any vendor.
Further, you are also agreeing that if any portion of this disclaimer is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer will be stricken and the remaining portions shall be valid and binding.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
General Terms and Conditions
Service to Be Provided by PagePlusDirect.com to CUSTOMER.
PagePlusDirect.com Web Site is provided to YOU (the "CUSTOMER") by PagePlusDirect.com, subject to the terms and conditions of this Agreement.
You may access the Agreement while you are connected to the Internet by going to the page on the World Wide Web at PagePlusDirect.com.
This Agreement comprises the entire agreement between YOU (the CUSTOMER) and PagePlusDirect.com, and supersedes any prior or previous agreements between YOU, the CUSTOMER, and PagePlusDirect.com, with respect to the subject matter of this Agreement; provided, however, that YOU shall be subject to any additional terms and conditions of which PagePlusDirect.com notifies you from time to time and that may apply when YOU are using any content, software, products, or services of any kind or nature, of any third party, including, but not limited to Page Plus® Cellular.
Revisions to this Agreement
YOU may not revise any of the terms of this Agreement without express prior authorization and written agreement signed by a duly authorized Officer or Manager of PagePlusDirect.com
PagePlusDirect.com serves a variety of customers and distributors, and cannot negotiate separate contracts with each of its customers. PagePlusDirect.com is able to offer competitive pricing and billing by using standard Terms of Service contracts for all of its customers.
PagePlusDirect.com reserves the right to, and may, revise this Agreement at any time, and such revisions shall become effective IMMEDIATELY after PagePlusDirect.com posts the revised Agreement for public viewing. The revisions to the Agreement shall include notice of the date of posting the most recent revision to the Agreement.
YOU agree to read the revisions to this Agreement periodically and preferably, at least once every thirty (30) days to become aware of such revisions to this Agreement.
YOUR continued use of PagePlusDirect.com Web site after PagePlusDirect.com posts revisions to this Agreement, as described above, shall be conclusively deemed YOUR assent to the additional terms and conditions made part of this Agreement by such revisions.
If any such revised or additional terms and conditions are unacceptable to YOU, or if YOU do not agree to and do not wish to be legally bound by such revised or additional terms and conditions, you may terminate this Agreement as provided in below.
Services PagePlusDirect.com Will Provide to CUSTOMER:
PagePlusDirect.com grants YOU a limited, non-exclusive, and nontransferable license to use PagePlusDirect.com Web Site and its various components to purchase prepaid products and services from Page Plus® Cellular or to refer third parties to PagePlusDirect.com Web Site for the sole purpose of purchasing such services. This license is subject to the restriction, that, except to the extent expressly permitted by law, YOU may not translate, reverse engineer or reverse compile or de-compile, disassemble or make derivative works from the software residing at or used to operate PagePlusDirect.com Web Site (hereinafter referred to as the "PagePlusDirect.com Software"). YOU may not modify PagePlusDirect.com Software in any manner or form, or use it in any way which is not expressly authorized by PagePlusDirect.com, other than to access PagePlusDirect.com Web site, as authorized by this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to PagePlusDirect.com's service or data (also known as "hacking"). YOU agree to abide by the United States and other applicable export control laws and regulations and not to transfer, by electronic transmission or otherwise, any information, including PagePlusDirect.com Software in either source, object, or executable form, which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or licensing requirements and without first providing PagePlusDirect.com with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.
Subject to all the terms and conditions of this Agreement and all applicable laws, YOU may access, for YOUR sole use, PagePlusDirect.com's proprietary content offered at PagePlusDirect.com Web site and accessible through PagePlusDirect.com's home page on the World Wide Web.
PagePlusDirect.com will provide YOU with such customer and technical support related to YOUR use of PagePlusDirect.com Web Site, at no additional charge, subject to the restrictions posted on the Customer Support area of PagePlusDirect.com Web Site.
Warranties and Representations of CUSTOMER.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.
YOU represent and warrant that YOU are a citizen or a lawful resident of the United States of America.
Information YOU Provide to PagePlusDirect.com
YOU agree to provide PagePlusDirect.com with accurate, complete, and updated address, phone number, and credit card information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to PagePlusDirect.com's service, and may subject YOU to civil and/or criminal liability. YOU further acknowledge that it is a Federal and State criminal offense to purchase any product from PagePlusDirect.com by fraudulent means.
Charges, Fees and Payment
Rates and Billing Methods; Subject to change without Notice.
The rates and charges for Page Plus® Cellular products available from PagePlusDirect.com, as well as the methods of payment shall be those posted on PagePlusDirect.com Web Site, as amended or revised from time to time.
If YOUR chosen payment method for PagePlusDirect.com 's service is by credit or debit or prepaid card , and PagePlusDirect.com has not received payment from the card issuer or its agents, YOU agree to pay all amounts due upon demand by PagePlusDirect.com
YOUR card issuer's agreement governs YOUR use of YOUR designated payment card in connection with PagePlusDirect.com Web Site, and YOU must refer to such agreement and not this Agreement with respect to YOUR rights and duties as a cardholder.
Upon written request, PagePlusDirect.com will provide YOU with a written statement of charges. Unless YOU notify PagePlusDirect.com of any discrepancies within sixty (60) days after they first appear on the written account statement, they will be deemed acceptable by YOU for all purposes, including resolution of inquiries made by YOUR card issuer or bank.
YOU release PagePlusDirect.com from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to PagePlusDirect.com within 60 days of its publication to YOUR account.
YOUR Responsibility for Charges
YOU shall be responsible for all charges resulting from YOUR use of PagePlusDirect.com Web Site and the use of PagePlusDirect.com Web Site by any other person regardless of whether YOU have actually authorized such charges.
Failure to Make Timely Payment
PagePlusDirect.com reserves the right to suspend or terminate YOUR access to PagePlusDirect.com Web Site for any amounts past due. Amounts past due include, but are not limited to denied charges and dishonored checks.
Termination of YOUR access to PagePlusDirect.com Web Site shall not relieve YOU from the obligation to satisfy outstanding invoices and to pay to PagePlusDirect.com all amounts YOU owe to PagePlusDirect.com pursuant to this Agreement, or otherwise.
In the event PagePlusDirect.com utilizes an attorney at law to collect any unpaid amounts from YOU, YOU shall be responsible for the payment of all of PagePlusDirect.com's attorneys' fees and costs, in addition to any penalties allowed under applicable law, in the collection of those sums.
All Sales Final; Refunds or Credits from Page Plus® Cellular
YOU agree that PagePlusDirect.com acts merely as a distributor of prepaid telephone products for Page Plus® Cellular.
ALL SALES FROM PagePlusDirect.com WEB SITE ARE FINAL, WITH RESPECT TO PagePlusDirect.com
PagePlusDirect.com will not issue any refunds, credits, adjustments, or replacement of telephone virtual cards, personal identification numbers (PINs) or other products and services offered at PagePlusDirect.com website.
Even if PagePlusDirect.com shall, at its sole discretion, make any limited exceptions to its "all sales final" policy as described in this Agreement, PagePlusDirect.com shall not waive any rights it has to enforce said policy in all other cases and at all other times, to the fullest extent provided in this Agreement and allowed under applicable law.
The prepaid telephone products (mainly Page Plus® Cellular products) offered by PagePlusDirect.com makes available to you through PagePlusDirect.com Web Site may provide refunds, credits, or adjustments to YOU under certain circumstances. By YOUR use of PagePlusDirect.com Web Site, YOU agree that you will contact Page Plus® Cellular regarding their policies concerning refunds, credits, or adjustments. YOU further agree that YOU will release, hold harmless, defend, and indemnify PagePlusDirect.com, its parents, subsidiaries, affiliates, partners, members, joint ventures, all their respective employees and agents, and all their successors and assigns from any liability for any carrier's failure to adjust or resolve any claim YOU may have against said carrier.
Limitations on Use of PagePlusDirect.com Web Site
In any given 24-hour period, the number of purchases and the aggregate monetary value of the purchases YOU may make from PagePlusDirect.com Web Site is limited. YOU agree that PagePlusDirect.com reserves the right to change these limits at any time without notice and that PagePlusDirect.com shall not be liable to YOU in any manner, for any reason, under any legal theory as a result of changing such limits. YOU further agree that YOU will not exceed or attempt to exceed these limits.
Your Duties Under This Agreement
Compliance with Agreement
YOU agree to abide by and perform all the terms and conditions of this Agreement at all times.
Compliance with Applicable Laws
YOU agree to abide by and to follow all applicable laws in using PagePlusDirect.com Web Site and, to the extent allowed by law, YOU agree to defend, hold harmless, and indemnify PagePlusDirect.com from any damages caused by YOUR violation of any applicable laws.
YOU acknowledge that access to or use of PagePlusDirect.com Web Site may not be legal in certain countries. If YOU access or use PagePlusDirect.com Web Site outside the United States of America, YOU do so at YOUR own risk and are responsible for compliance with the laws of the jurisdiction in which or from which YOU access or use PagePlusDirect.com Web Site.
YOU may not use PagePlusDirect.com Web site or any products or services you purchase by way of PagePlusDirect.com Web Site for any unlawful purpose.
PagePlusDirect.com reserves the right to discontinue furnishing service or to limit the use of PagePlusDirect.com Web Site necessitated by conditions beyond its control; or if YOU use PagePlusDirect.com Web site or any products or services you purchase by way of PagePlusDirect.com Web Site in violation or attempted violation of the law.
Refraining from Certain Activities
YOU further agree that YOU will not do or attempt to do any of the following activities in connection with YOUR use of PagePlusDirect.com Web Site or otherwise:
Violate the security of PagePlusDirect.com Web Site or any other computer network, or crack passwords or security encryption codes;
Transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;
Impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that YOU are not authorized to use;
Solicit other PagePlusDirect.com customers or distributors to become customers of other companies or services directly competing with PagePlusDirect.com; or
Violate any of the rules, regulations and policies of those networks, computer systems, telecommunications carriers, or Internet service providers that YOU use to access PagePlusDirect.com Web Site.
Increasing Network Usage and Traffic
YOU agree not cause or attempt to cause traffic levels to PagePlusDirect.com's Web Site and related servers and networks, or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to, transmitting large files to email, ftp, or other servers for malicious purposes, "mailbombing," transmissions intended to raise the cost of another network provider's access through excessive traffic levels, or repeatedly sending the same content to PagePlusDirect.com for the purpose of harassment.
Attempting to Circumvent or Bypass System Security Measures
YOU agree not to obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form.
YOU agree not to attempt to cause, or actually cause, any disruption of service on PagePlusDirect.com Web Site or any other network or any server housing PagePlusDirect.com Web Site, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized access to any computer or resource on the Internet.
YOU agree not to abuse or attempt to abuse the system and resources of PagePlusDirect.com Web Site in any manner.
YOU agree not to violate or attempt to violate the security of the authentication and accounting procedures of PagePlusDirect.com Web Site.
YOU agree not to attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of PagePlusDirect.com Web Site or any of its various components.
Copyright and Trademark Policies
The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyright ©2009-2014 by PagePlusDirect.com. All rights reserved. This Site and its entire contents are for personal use ONLY and may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted or distributed in any way, without PagePlusDirect.com's prior written permission.
Ownership of Materials
Except as otherwise indicated, this Site and its entire contents including, but not limited to, the text, information, material, software and graphics contained on this Site (the "Materials"), are owned by PagePlusDirect.com and its affiliates. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. PagePlusDirect.com makes no proprietary claim to any third-party names, trademarks or service marks appearing on this Site. Any third-party names, trademarks, and service marks are the properties of their respective owners.
The Materials may not be copied, reproduced, framed, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way without PagePlusDirect.com's prior written permission.
By posting a message or contributing in any way to this Site, including, but not limited to, sending comments and e-mail, to this Site, you expressly grant PagePlusDirect.com you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.
PagePlusDirect.com reserves the right to change, delete, update, discontinue, or restrict or prevent access to this Site or the Materials at any time without notice.
Disclaimer and Limitation of Liability
PagePlusDirect.com's entire liability and your exclusive remedy with respect to use of PagePlusDirect.com Web Site and any components of PagePlusDirect.com Web Site, as well as PagePlusDirect.com's liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to PagePlusDirect.com Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, PagePlusDirect.com's liability is limited to the extent permitted by law.
In no event shall PagePlusDirect.com be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneys' fees or any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any kind of damages whatsoever, even if PagePlusDirect.com has been advised of the possibility of such damages, whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery, arising out of or in connection with the use, inability to use or performance of the information, merchandise, and materials available from PagePlusDirect.com Web Site, or any part thereof, or your reliance on or use of information, services, or merchandise provided on or through PagePlusDirect.com web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event PagePlusDirect.com is found liable under any circumstance under the terms of this agreement, PagePlusDirect.com's liability shall be limited to the liability as stated in this disclaimer.
UNDER NO CIRCUMSTANCES SHALL PagePlusDirect.com, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE PagePlusDirect.com WEB SITE OR ANY OF THE COMPONENTS OF PagePlusDirect.com WEB SITE, OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH PagePlusDirect.com WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT PagePlusDirect.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, PagePlusDirect.com's LIABILITY SHALL BE LIMITED TO THE LIABILITY AS STATED IN THIS AGREEMENT.
Indemnification Of PagePlusDirect.com By Customer
Upon request of PagePlusDirect.com, YOU agree to defend, indemnify, and hold harmless PagePlusDirect.com, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, its agents, its contractors, or their respective agents and employees, and all their respective successors and assigns from all liabilities, claims, losses, judgments, damages, and expenses, including, without limitation, attorney's fees and costs of litigation, arising from breach of this Agreement by use of, or in connection with, the transmission by or through YOUR account of any content or communications.
PagePlusDirect.com reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU hereunder, and in such event, YOU shall have no further obligation to provide indemnification for such matter.
YOU shall promptly notify PagePlusDirect.com in writing of any claim arising or potentially arising under this indemnity.
Severability Of Terms Of This Agreement
If any portion of this disclaimer and limitation of liability is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer and limitation of liability will be stricken and the remaining portions shall be valid and binding. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
No Waiver Of Provisions Of This Agreement
PagePlusDirect.com's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between YOU and PagePlusDirect.com nor any trade practice shall act to modify any provision of this Agreement.
No Oral Modification Of This Agreement
This Agreement may not be modified orally. This Agreement may be modified only by a written instrument signed by YOU and a duly authorized Officer or Manager of PagePlusDirect.com If email is used for the writing, the signatures shall be electronic digital signatures that are publicly registered with a duly authorized certification authority in the jurisdiction in which PagePlusDirect.com operates its business.
Limitation of Actions Arising Under this Agreement
All disputes arising under this Agreement shall be resolved subject to the Alternative Dispute Resolution provisions of this Agreement. Any cause of action or dispute YOU may have with respect to PagePlusDirect.com's performance or alleged non-performance of this Agreement must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is forever barred. For purposes of the Alternative Dispute Resolution provisions of this Agreement, the commencement to which this paragraph refers is the date on which YOU notify PagePlusDirect.com in writing of a dispute.
Attorney's Fees and Costs in Litigation
In any action between PagePlusDirect.com and YOU to enforce any of the terms of this Agreement, PagePlusDirect.com shall be entitled to recover expenses from YOU, including, but not limited to, reasonable attorney's fees.
Governing law and Jurisdiction
User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. These terms and conditions of use shall be governed by and construed in accordance with the laws of the United States of America and the state of Tennessee, without giving effect to any choice of law or conflict of law provision or rule (whether of the state of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the state of Tennessee. By using this Site, you consent to the jurisdiction of the state and federal courts of Washington County, Tennessee, U.S.A. for any action or proceeding arising under or relating to these Terms and Conditions of Use, this Site or the use of, or reliance on, this Site.
These Terms and Conditions of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of our liability, and you may not rely on any such information. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The failure of PagePlusDirect.com to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of this 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 these terms remain in full force and effect.
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I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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