CORE Networks - Terms of Service

These Terms of Service constitute

the agreement (“Agreement”) between CORE Networks, LLC (“we,” “us,” “CORE” or
“CORE Networks”) and the user (“you,” “user”, “Customer” or “Subscriber”) of
CORE Networks’ business services and any related products or services
(“Service”).
This
Agreement governs both the Service and any devices, such as an IP phone,
Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any
other IP connection device (“Device” or “Equipment”), used in conjunction with
the Service. If you purchased Equipment from a dealer, retail store or other
provider other than CORE Networks, you are a “Retail Customer” for purposes of
this Agreement.
BY
ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO
ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.
EMERGENCY SERVICES – 911 DIALING
1.1
Non-Availability of Traditional 911 or E911 Dialing Service. The Service does
not support traditional 911 or E911 access to emergency services in all
locations. Where we do not offer traditional 911 or E911 access, we offer a
feature known as “911 Dialing” which is a limited emergency calling service
available only on CORE Networks, LLC-certified Devices or Equipment. The 911
Dialing feature may not work at all when used in conjunction with a Soft Phone,
Virtual Numbers or Subscriber provided Customer Premise Equipment. Our 911
Dialing feature is not automatic; you must separately take affirmative steps,
as described in this Agreement and on our website, to register the address
where you will use the Services in order to activate the 911 Dialing feature.
You must do this for each CORE Networks, LLC phone number that you obtain. The
911 Dialing feature of the Service is different in a number of important ways
from traditional 911 or E911 service as described on our website page for 911
Dialing under “Features,” and below. You shall inform any household residents,
guests and other third persons who may be present at the physical location
where you utilize the Service of (i) the non-availability of traditional 911 or
E911, and (ii) the important differences in and limitations of the CORE
Networks, LLC 911 Dialing feature as compared with traditional 911 or E911 dialing.
The documentation that accompanies each Device that you purchase should include
a sticker concerning the potential non-availability of traditional 911 or E911
dialing (the “911 Sticker”). It is your responsibility, in accordance with the
instructions that accompany each Device, to place the 911 Sticker on each
Device that you use with the Service. If you did not receive a 911 Sticker with
your Device, or you require additional 911 Stickers, please contact our
customer care department at (985) 624-9970.
1.2
Registration of Physical Location Required. For each phone number that you use
for the Service, you must register with CORE Networks, LLC the physical
location where you will be using the Service with that phone number. When you
move the Device to another location, you must register your new location. If
you do not register your new location, any call you make using the 911 Dialing
feature may be sent to an emergency center near your old address. You will
register your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions from
the “911″ registration link on your CORE Networks, LLC web account dashboard
features page. For purposes of the 911 Dialing feature, you may only register
one location at a time for each phone line you use with the Service.
1.3
Confirmation of Activation Required. Your 911 Dialing feature will not be
activated for any phone line that you are using with the Service, unless and
until you receive an email from us confirming that the 911 Dialing feature has
been activated for that phone line.
1.4
How Emergency Personnel are Contacted. We contract with a third party to use
the address of your registered location to determine the nearest emergency
response center and then forward your call to a general number at that center.
When the center receives your call, the operator will not have your address and
may not have your phone number. You must therefore provide your address and
phone number in order to get help. Some local emergency response centers may
decide not to have their general numbers answered by live operators 24 hours a
day. If we learn that this is the case, we will send your call instead to a
national emergency calling center and a trained agent will contact an emergency
center near you to dispatch help. You hereby authorize us to disclose your name
and address to third-party service providers, including, without limitation,
call routers, call centers and public service answering points, for the purpose
of dispatching emergency services personnel to your registered location.
1.5
Service Outages. (a) Service Outages Due to Power Failure or Disruption. 911
Dialing does not function in the event of a power failure or disruption. If
there is an interruption in the power supply, the Service, including 911
Dialing, will not function until power is restored. Following a power failure
or disruption, you may need to reset or reconfigure the Device prior to
utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination of
Broadband Service or ISP Service. Service outages or suspensions or
terminations of service by your broadband provider or ISP will prevent all
Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Suspension or Termination of Your CORE Networks, LLC
Account. Service outages due to suspension or termination of your account will
prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other
Acts. Your ISP or broadband provider or other third party may intentionally or
inadvertently block the ports over which the Service is provided or otherwise
impede the usage of the Service. In that event, provided that you alert us to
this situation, we will attempt to work with you to resolve the issue. During
the period that the ports are being blocked or your Service is impeded, and
unless and until the blocking or impediment is removed or the blocking or impediment
is otherwise resolved, your Service, including the 911 Dialing feature, may not
function. You acknowledge that CORE Networks, LLC is not responsible for the
blocking of ports by your ISP or broadband provider or any other impediment to
your usage of the Service, and any loss of service, including 911 Dialing, that
may result. In the event you lose service as a result of blocking of ports or
any other impediment to your usage of the Service, you will continue to be
responsible for payment of the Service charges unless and until you terminate
the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such
outage will prevent all Service, including 911 Dialing, from functioning. Such
outages may occur for a variety of reasons, including, but not limited to,
those reasons described elsewhere in this Agreement. 1.6 Re-Activation Required
if You Change Your Number or Add or Port New Numbers. 911 Dialing does not
function if you change your phone number or if you add or port new phone
numbers to your account, unless and until you successfully register your
location of use for each changed, newly added or newly ported phone number.
1.7
Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed
in the routing of a 911 Dialing call made utilizing the Service as compared to
traditional 911 dialing over traditional public telephone networks.
1.8
Possible Lack of Automatic Number Identification. It may or may not be possible
for the local emergency personnel to automatically obtain your phone number
when you use 911 Dialing. Our system is configured to send the automatic number
identification information; however, one or more telephone companies, not us,
route the traffic to the emergency response center and that center may not be
capable of receiving and passing on that information. As a result, the operator
who answers your 911 Dialing call may not be able to automatically obtain your
phone number and call you back if the call is not completed or is not
forwarded, is dropped or disconnected, if you are unable to speak to tell the
operator your phone number, or if the Service is not operational for any
reason.
1.9
No Automated Location Identification. In most service areas, it is not possible
at this time to transmit to the local emergency response center the address
that you registered for 911 Dialing. You will need to state the nature of your
emergency promptly and clearly, including your location (and possibly your
telephone number), as the operator will not have this information. Emergency
personnel will not be able to find your location if the call is not completed
or is not forwarded, is dropped or disconnected, if you are unable to speak to
tell the operator your location, or if the Service is not operational for any
reason.
1.10
Disclaimer of Liability and Indemnification. We do not have any control over
whether, or the manner in which, calls using our 911 Dialing service are
answered or addressed by any local emergency response center. We disclaim all
responsibility for the conduct of local emergency response centers and the
national emergency calling center. We rely on third parties to assist us in
routing 911 Dialing calls to local emergency response centers and to a national
emergency calling center. We disclaim any and all liability or responsibility
in the event such third party data used to route calls is incorrect or yields
an erroneous result. Neither CORE Networks, LLC nor its officers or employees
may be held liable for any claim, damage, or loss, and you hereby waive any and
all such claims or causes of action, arising from or relating to our 911
Dialing service unless such claims or causes of action arose from our gross
negligence, recklessness or willful misconduct. You shall defend, indemnify,
and hold harmless CORE Networks, LLC, its officers, directors, employees,
affiliates and agents and any other service provider who furnishes services to
you in connection the Service, from any and all claims, losses, damages, fines,
penalties, costs and expenses (including, without limitation, attorneys fees)
by, or on behalf of, you or any third party relating to the absence, failure or
outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing
calls, and/or the inability of any user of the Service to be able to use 911
Dialing or access emergency service personnel.
1.11
Alternate 911 Arrangements. If you are not comfortable with the limitations of
the 911 Dialing service, you should consider having an alternate means of
accessing traditional 911 or E911 services or terminating the Service.
2.
SERVICE
2.1
Term. Service is offered on a monthly or multi-month basis as is determined in
your Service activation or order form, or via our online ordering process. The
term begins on the date that CORE Networks activates your Service and [email protected]@ on
the day before the anniversary date of your Term. Subsequent terms of this
Agreement automatically renew on a 12 month basis unless you give us written
notice of non-renewal at least ten (10) days before the end of the monthly term
in which the notice is given. You are purchasing the Service for full monthly
terms, meaning that if you attempt to terminate 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 termination fee, if applicable, all of which will immediately become due and
payable. Expiration of the term or termination of Service will not excuse you
from paying all accrued and unpaid charges due under this Agreement.
2.2
Intentionally left blank
2.3
Use of Service and CORE Networks provided Device. You shall not resell or
transfer the Service or the Device to another party without our prior written
consent. You are prohibited from using the Service or the Device for
auto-dialing, continuous or extensive call forwarding, telemarketing
(including, without limitation, charitable or political solicitation or
polling), fax or voicemail broadcasting or fax or voicemail blasting. We
reserve the right to immediately terminate or modify your Service if we
determine, in our sole and absolute discretion, that you have at any time used
the Service or the Device for any of the aforementioned or similar activities.
2.4
Use of Service only. For Service only customers, you are responsible for
supplying, operating and supporting the Customer Premise Equipment for use with
the Service. In addition, any customer supplied equipment must be pre-approved
by CORE Networks in writing. You shall not resell or transfer the Service to
another party without our prior written consent. You are prohibited from using
the Service for auto-dialing, continuous or extensive call forwarding,
telemarketing (including, without limitation, charitable or political
solicitation or polling), fax or voicemail broadcasting or fax or voicemail
blasting. We reserve the right to immediately terminate or modify your Service
if we determine, in our sole and absolute discretion, that you have at any time
used the Service for any of the aforementioned or similar activities.
2.5
Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only for lawful
purposes. We reserve the right to immediately terminate your Service if, in our
sole and absolute discretion, we determine that you have used the Service or
the Device for an unlawful purpose. In the event of such termination, you will
be responsible for the full month’s charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will become immediately due and payable upon
termination of your Service. If we believe that you have used the Service or
the Device 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 hereby consent to our forwarding of any
such communications and information to these authorities. In addition, CORE
Networks will provide information in response to law enforcement requests,
subpoenas, court orders, to protect it’s rights and property and in the case
where failure to disclose the information may lead to imminent harm to the
customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in any
way that is threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, or any similar behavior. We reserve
the right to immediately terminate your Service if, in our sole and absolute
discretion, we determine that you have used the Service or the Device in any of
the aforementioned ways. In the event of such termination, you will be
responsible for the full month’s charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will become immediately due and payable upon
termination of your Service. If we believe that you have used the Service or
the Device in any of the aforementioned ways, we may forward the relevant
communication and other information, including your identity, to the
appropriate authorities for investigation and prosecution. You hereby consent
to our forwarding of any such communications and information to these
authorities. In addition, CORE Networks will provide information in response to
law enforcement requests, subpoenas, court orders, to protect it’s rights and
property and in the case where failure to disclose the information may lead to
imminent harm to the customer or others
2.6
Use of Service and Device by Customers Outside the United States. Although we
encourage you to use of the Service to place calls to foreign countries from
within the United States, we do not presently offer or support the Service in
any countries other than the United States and Canada. If you use the Service
or the Device outside of the United States or Canada, you will be solely
responsible for any violations of local laws and regulations resulting from
such use. We reserve the right to terminate your Service immediately if we
determine, in our sole and absolute discretion, that you have used the Service
or the Device outside of the United States or Canada.
2.7
Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. 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 our websites are protected by trademark, copyright
or other intellectual property laws and international treaty provisions. All of
our websites, corporate names, service marks, trademarks, trade names, logos
and domain names (collectively “marks”) are and will at all times remain our
exclusive property. Nothing in this Agreement grants you the right or license
to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. You have not been
granted 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. You expressly agree that the Device is exclusively for use in
connection with the Service and that we will not provide any passwords, codes
or other information or assistance that would enable you to use the Device for
any other purpose. We reserve the right to prohibit the use of any interface
device that we have not provided to you. You hereby represent and warrant that
you possess all required rights, including software and/or firmware licenses,
to use any interface device that we have not provided to you. In addition, you
shall indemnify and hold us harmless against any and all liability arising out
of your use of such interface device with the Service. You shall not reverse
compile, disassemble or reverse engineer or otherwise attempt to derive the
source code from the binary code of the firmware or software.
2.8
Tampering with the Device or Service. You shall not change the electronic
serial number or equipment identifier of the Device or to perform a factory
reset of the Device without our prior written consent. We reserve the right to
terminate your Service if we believe, in our sole and absolute discretion, that
you have tampered with the Device. In the event of such termination, you will
remain responsible for the full month’s charges to the end of the current term,
including, without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will immediately become due and payable. You shall not
attempt to hack or otherwise disrupt the Service or make any use of the Service
that is inconsistent with its intended purpose.
2.9
Theft of Service. You shall notify us immediately, in writing or by calling our
customer support line, if the Device is stolen or if you become aware at any
time that your Service is being stolen, fraudulently used or otherwise being
used in an unauthorized manner. When you call or write, you must provide your
account number and a detailed description of the circumstances of the Device
theft, fraudulent use or unauthorized use of Service. Failure to do so in a
timely manner may result in the termination of your Service and additional
charges to you. Until such time as we receive notice of the theft, fraudulent
use or unauthorized use, you will be liable for all use of the Service using a
Device stolen from you and any and all stolen, fraudulent or unauthorized use
of the Service.
2.10
Return of Device (Does Not Apply to Customers who use Devices not provided by
CORE Networks directly)
(a) Retail Customers. A Retail Customer may only return the Device to the
retail store, dealer or other provider from which the Retail Customer purchased
the Device. All returns will be subject to the return policy of such retail
store, dealer or other provider. We will not accept any Device returned to us
from a Retail Customer.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us
within fourteen (14) days of the termination of Service to receive a credit for
any termination fee (See Section 3.6) provided that:
*
the Service is terminated within the first thirty (30) days following the
activation of the Service;
* the Device is in original condition, reasonable wear and tear excluded;
* the original proof of purchase are returned with the Device, together with
the original packaging, all parts, accessories, and documentation;
* prior to returning the Device to us, you obtain a valid return authorization
number from our customer care department, which can be reached at
1-985-624-9970; and
* you pay all costs of shipping the Device back to us.
If
you disconnect multiple lines, we will issue you a credit for all termination
fees upon receipt of all Devices in accordance with the requirements set forth
above.
If you receive cartons or Devices that are visibly damaged, you must note the
damage on the carrier’s freight bill or receipt and keep a copy. In such event,
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 our
customer care department immediately at 1-985-624-9970.
2.11
Number Transfer on Service Termination. Upon the termination of your Service,
we may, in our sole and absolute discretion, release to your new service
provider the telephone number that you ported (transferred or moved over) to us
from your previous service provider and used in connection with your Service
if:
*
such new service provider is able to accept such number;
* your account has been properly terminated;
* your account is completely current, including payment for all charges and
applicable termination fees; and
* you request the transfer upon terminating your account.
2.12
Service Distinctions. The Service is not a telecommunications service and we
provide it on a best efforts basis. Important distinctions exist between
telecommunications service and the Service offering that we provide. The
Service is subject to different regulatory treatment than telecommunications
service. This treatment may limit or otherwise affect your rights of redress
before regulatory agencies.
2.13
Ownership and Risk of Loss. You will own the Device and bear all 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 to us in accordance with
this Agreement.
2.14
No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service
does not support 0+ or operator assisted calling (including, without
limitation, collect calls, third party billing calls or calling card calls).
The Service may not support 311, 511 and/or other x11 (other than certain
specified dialing such as 911 and 411, which are provided for elsewhere in this
Agreement) services in one or more (or all) service areas.
2.15
No Directory Listing. The phone numbers you obtain from us will not be listed
in any telephone directories. Phone numbers transferred from your local phone
company may, however, be listed. As a result, someone with your phone number
may not be able to utilize a reverse directory to lookup your address.
2.16
Incompatibility With Other Services.
(a) Security Systems. The Service may not be compatible with security systems.
You may be required to maintain a telephone connection through your local
exchange carrier in order to use any alarm monitoring functions for any
security system installed in your home or business. You are responsible for
contacting the alarm monitoring company to test the compatibility of any alarm
monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the
Service presently may not be compatible with some broadband services . You
further acknowledge that some providers of broadband service may provide modems
that prevent the transmission of communications using the Service. We do not
warrant that the Services will be compatible with all broadband services and
expressly disclaim any express or implied warranties regarding the
compatibility of the Service with any particular broadband service.
3.
CHARGES; PAYMENTS; TAXES; TERMINATION
3.1
Billing. When the service is activated, you must provide us with a valid email
address and a credit or debit card number from a card issuer that we accept. We
reserve the right to stop accepting credit or debit cards from one or more
issuers. If your credit or debit card expires, you close your account, your
billing address changes, or your credit or debit card is canceled and replaced
on account of loss or theft, you must advise us at once. We 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 we decide to bill in arrears) to your credit or debit card,
including but not limited to:
*
activation fees;
* monthly Service fees;
* international usage charges;
* advanced feature charges;
* equipment purchases;
* termination fees; and
* shipping and handling charges.
The
amount of such fees and charges shall be published on our website and may
change from time to time. Notification of monthly invoices will be sent to you
via your email address on file with us. We reserve the right to bill at more
frequent intervals if the amount you owe to us at any time exceeds $250. 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 on our
website.
3.2
Billing Disputes. You must notify us in writing within seven days after
receiving your credit or debit card statement if you dispute any CORE Networks
charges on that statement or you will be deemed to have waived any right to
contest such charges. All notices of disputed charges should be sent to:
Customer
Care Billing Department
CORE Networks, LLC
427 N. Theard St.
Covington,
La 70435
3.3
Payment and Collection.
(a) Payment. We only accept payment by credit or debit card, unless other
payment terms have been explicitly agreed to in writing by CORE Networks, LLC.
Your subscription to the Service authorizes us to charge your credit or debit
card. This authorization will remain valid until 30 days after we receive
written notice from you terminating our authority to charge your credit or
debit card, whereupon we will charge your credit or debit card for the
termination fee, if applicable, and any other outstanding charges and terminate
you Service. We may terminate your Service at any time in our sole and absolute
discretion if any charge to your credit or debit card is declined or reversed,
your credit or debit card expires and you have not provided us with a valid
replacement credit or debit card or in case of any other non-payment of account
charges.
(b) Collection. If your Service is terminated, you will remain fully liable to
us for all charges pursuant to this Agreement and any and all costs we incur to
collect such amounts, including, without limitation, collection costs and
attorney’s fees.
3.4
Termination; Discontinuance of Service. We reserve the right to suspend or
discontinue the Service generally, or to terminate your Service, at any time in
our sole and absolute discretion. If we discontinue the Service generally, or
terminate your Service without a stated reason, you will only be responsible
for charges accrued through the date of termination, including a pro-rated
portion of the final month’s charges. If your Service is terminated on account of
your breach of any provision of this Agreement, you will be responsible for the
full month’s charges to the end of the current term, including, without
limitation, unbilled charges, plus the termination fee, if applicable, all of
which will immediately become due and payable.
3.5
Taxes. You are responsible for all applicable federal, state, provincial,
municipal, local or other governmental sales, use, excise, value-added,
personal property, public utility or other taxes, fees or charges now in force
or enacted in the future, that arise from or as a result of your subscription
or use or payment for the Service or a Device. Such amounts are in addition to
payment for the Service or Devices and will be billed to your credit card as
set forth in this Agreement. If you are exempt from payment of such taxes, you
must provide us with an original certificate that satisfies applicable legal
requirements attesting to tax-exempt status. Tax exemption will only apply from
and after the date we receive such certificate.
3.6
Termination Fee. You may be charged a termination fee of $9.99 per phone number
or device, and the FULL RETAIL PRICE for each Device supplied by CORE Networks
if your Service is terminated for any reason during the Term following the
activation of your Service. Additionally, you will be charged 1/2 of the
remainder due under contract as an early termination fee.
3.7
Money Back Guarantee; Limitations and Conditions.
(a) Money Back Guarantee. We offer Business subscribers a 30-day money back
guarantee from the date of activation of Service. The money back guarantee
applies only to the first-ordered service package, not to additional or
secondary orders. We will refund the activation fee and monthly charge for
first month of Service provided that:
*
you have not exceeded 2500 minutes of usage; and
* you cancel your Service within the 30-day period.
Federal
excise taxes and any other applicable taxes cannot be refunded. You will remain
responsible for any charges for usage fees including but not limited to local
or international usage, calls to CORE Networks toll free numbers and directory
assistance. We reserve the right to terminate or revoke this money back
guarantee at any time, without prior notice.
3.8
Payphone Charges. If you use our “Toll Free” feature or any toll free feature
that we offer in the future, we will be entitled to recover from you any
charges imposed on us either directly or indirectly in connection with toll
free calls made to your number. We may recover these amounts by means of a per-call
charge, rounded up to the next cent, or in such other fashion as we deem
appropriate for the recovery of these costs.
3.9
Charges for Directory Calls (411). We will charge you $1.50 for each call made
to CORE Networks directory assistance.
3.10
Charges for Conference Bridge Calls. We will charge you per minute for each
caller who calls into your conference bride. Your Conference Bridge per minute
usage fee will be the lower of (i) 3.9 cents per minute, or (ii) the per minute
Conference Bridge usage fee determined in your Service Activation Form or
online order form. The per minute usage fee will be calculated based on all
participants on the conference bridge, including on-network and off-network
participants.
4.
LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1
Limitation of Liability. We will not be liable for any delay or failure to
provide the Service, including 911 Dialing, at any time or from time to time,
or any interruption or degradation of voice quality that is caused by any of
the following:
*
an act or omission of an underlying carrier, service provider, vendor or other
third party;
* equipment, network or facility failure;
* equipment, network or facility upgrade or modification;
* force majeure events such as (but not limited to) acts of God, acts of
nature, strikes, fire, war, riot, acts of terrorism and government actions;
* equipment, network or facility shortage;
* equipment or facility relocation;
* service, equipment, network or facility failure caused by the loss of power
to you;
* outage of, or blocking of ports by, your ISP or broadband service provider or
other impediment to usage of the Service caused by any third party;
* any act or omission by you or any person using the Service or Device provided
to you; or
* any other cause that is beyond our 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 forwarded.
Our
aggregate liability under this agreement will in no event exceed the Service
charges with respect to the affected time period.
4.2
Disclaimer of Liability for Damages. IN NO EVENT WILL CORE NETWORKS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE
PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR
ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL
INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, 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 ACCESS EMERGENCY SERVICE PERSONNEL
THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. 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 WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR
TYPE OF DAMAGES.
4.3
Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless CORE
Networks, its officers, directors, employees, affiliates and agents and any
other service provider who furnishes services to you in connection with the
Service, from any and all claims, losses, damages, fines, penalties, costs and
expenses (including, without limitation, attorneys fees) by, or on behalf of,
you or any third party or user of the Service, relating to the Services,
including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context
are intended to survive the termination or expiration of this Agreement shall
survive.
4.4
No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE
SERVICE OR 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 SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT
LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE
WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR
LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CORE NETWORKS NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR
WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE
SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR 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 CORE NETWORKS’S OR ITS
SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS
CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CORE NETWORKS OR CORE NETWORKS’S
AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY
KIND.
4.5
Device Warranties.
(a) Limited Warranty. Except as set forth herein, if you received the Device
new from us and the Device included a limited warranty at the time of receipt,
you must refer to the separate limited warranty document provided with the
Device for information on the limitation and disclaimer of certain warranties.
Remedies for breach of any such warranties will be limited to those expressly
set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us at
the time of receipt, you are accepting the Device “as is”. You are not entitled
to replacement, repair or refund in the event of any defect.
(c) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN
THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED
WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AND SPECIFICALLY DISCLAIM 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. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS CUSTOMERS.
4.6
No Third Party Beneficiaries. No provision of this Agreement 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.
4.7
Content. You will be liable for any and all liability that may arise out of the
content transmitted by you or to any person, whether authorized or
unauthorized, using your Service or Device (each such person, a “User”). You
shall assure that your and your User’s use of the Service and content comply at
all times with all applicable laws, regulations and written and electronic
instructions for use. We reserve the right to terminate or suspend your
Services and remove your or your Users’ content from the Service, if we
determine, in our sole and absolute discretion, that such use or content does
not conform with the requirements set forth in this Agreement or interferes
with our ability to provide Services to you or others. Our action or inaction
under this Section will not constitute any review or approval of your or Users’
use or content.
4.8
Recording Conversations. CORE Networks provides a function that allows a user
or Subscriber to record individual telephone conversations. The laws regarding
the notice and notification requirements of such recorded conversations vary by
state to state. Subscriber is solely responsible for applying the local laws in
the relevant jurisdiction when using this feature.
5.
MISCELLANEOUS
5.1
Governing Law. The Agreement and the relationship between you and us is
governed by the laws of the Commonwealth of Louisiana 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 5.2, you
shall submit to the personal and exclusive jurisdiction of the courts located
within the Commonwealth of Louisiana and waive any objection as to venue or
inconvenient forum.
5.2
Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any
member of your household or any guest or employee of you and us arising out of
or relating to the Service or Device will be resolved by arbitration before a
single arbitrator administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules. The arbitration will take
place in St. Tammany Parish, Louisiana. The arbitrator’s decision will follow
the plain meaning of the relevant documents, and will be final and binding.
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. REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM
OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated
individually. You shall 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. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY
RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND
CONDUCT ARBITRAL PROCEEDINGS IN, ST TAMMANY PARISH LOUISIANA.
5.3
No Waiver of Rights. Our failure to exercise or enforce any right or provision
of this Agreement will not constitute a waiver of such right or provision.
5.4
Entire Agreement. This Agreement, including any future modifications as may
occur within the terms of the Agreement, and the rates for Services found on
our website constitute the entire agreement between you and CORE Networks and
govern the use of the Service by you, members of your business, employees and
guests. This Agreement supersedes any prior agreements between you and CORE
Networks and any and all prior or contemporaneous statements, understandings,
writings, commitments, or representations concerning its subject matter.
5.5
Severability. If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement will remain valid and
enforceable. Such invalidity or non-enforceability will not invalidate or
render unenforceable any other portion of this Agreement.
6.
FUTURE CHANGES TO THIS AGREEMENT
We
may change the terms and conditions of this Agreement from time to time.
Notices will be considered given and effective on the date posted on
www.corenets.com. Such changes will become binding on you on the date they are
posted to our website and no further notice by us is required upon your
continued use of the Service. The Agreement as and when posted supersedes all
previously agreed to electronic and written terms of service, including,
without limitation, any terms included with the packaging of the Device and
also supersedes any written terms provided to Retail Customers in connection
with retail distribution, including, without limitation, any written terms
enclosed within the packaging of the Device.
7.
PRIVACY
CORE
Networks Service utilizes, in whole or in part, the public Internet and third
party networks to transmit voice and other communications. CORE Networks is not
liable for any lack of privacy which may be experienced with regard to the
Service. Please refer to our website at www.corenets.com for additional Privacy
Policy information.