Terms of Use

Welcome to the Website of Phone1 (the “Website” or “Site”). When you use our site or any service offered by Phone1 and its family of companies, you will be subject to these Terms and Conditions (“Terms”). Please read them carefully. Your use of our Website, indicates that you have understood and accepted these conditions. Phone1 may make changes to this site, policies and these Terms and Conditions at any time. You should visit this page periodically to review the Terms, because they are binding on you. Your continued use of the site and services will signify that you accept the changes made.

IF YOU USE THIS WEBSITE IN A MANNER INCONSISTENT WITH THESE TERMS, Phone1 MAY TERMINATE YOUR ACCESS, BLOCK YOUR FUTURE ACCESS AND/OR SEEK SUCH ADDITIONAL RELIEF AS THE CIRCUMSTANCES OF YOUR MISUSE INDICATE IS PROPER.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US.

Disclaimer of Warranties, Inaccuracies or Errors

1. Although Phone1 tries to ensure that all information and recommendations, whether in relation to the products, services, facilities, offerings or otherwise (hereinafter "Information") provided as part of this Website is correct at the time of inclusion on the Website, Phone1 does not guarantee the accuracy of the Information.  Phone1 makes no representations or warranties as to the completeness or accuracy of Information.
   
2. Phone1 makes no commitment to update or correct any Information that appears on the Internet or on this Website.
   
3. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision.  No Information at this Website shall constitute an invitation to invest in Phone1 or any affiliates.  Any use of this Website or the Information is at your own risk. Neither Phone1 and its affiliates, nor their respective officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the Information, or any web site linked to this Website.
   
4. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Phone1 makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
   

THIS WEBSITE/INFORMATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY.  Phone1, FOR ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. Phone1 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF Phone1 HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH STATES, Phone1’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Availability

1. Phone1 makes no representation that the materials on this Website are appropriate or will be available for use in any locations outside the United States. You are entirely responsible for ensuring that your use of this Website is in compliance with all applicable laws.
   
2. Information that Phone1 publishes on the World Wide Web may contain references or cross references to reliance products, programs and services that are not offered or available in your country. Such references do not imply that reliance offers or intends to offer such products, programs or services in your country.  Please contact us for information regarding the products, programs and services that may be available to you.
   Third Party Interaction and Links to Third Party Sites
   
   1. In your use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Phone1 has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
      
   2. This Website may be linked to other web sites on the World Wide Web that are not under the control of or maintained by Phone1. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it.  These links are provided only as a convenience, in order to help you find relevant websites, services and/or products that may be of interest to you, quickly and easily.  It is your responsibility to decide whether any services and/or products available through any of these web sites are suitable for your purposes.  Phone1 is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this Website includes a link infringes the intellectual property rights of any third party).

Privacy Policy

Phone1 respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

Copyrights

1. This Website contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights.  All copyright and other intellectual property rights in this material are either owned by Phone1 or have been licensed to Phone1 by the owner(s) of those rights so that it can use this material as part of this Website. Phone1 retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this Website are owned by or licensed to Phone1.
   
2. You may (1) use and display the materials only on your personal computer only for personal use (Phone1 grants you a limited, personal, non-exclusive and non-transferable license only for such use) and (2) print copies of the information on this Site for your personal use and store the files on your computer for personal use.
   
3. You may not, without our prior written consent:
   
   1. Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the Website except as set out under "You may". These restrictions apply in relation to all or part of the material on the Website;
      
   2. Copy and distribute this Information on any other server, or modify or re-use text or graphics on this system or another system.  No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website; or
      
   3. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Website.
      

If you engage in correspondence with us, you agree to grant us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any information you provide to us in such correspondence.  You also grant to Phone1 the right to use your name in connection with the information you provide to us in the correspondence as well as in connection with all advertising and promotional material related thereto.  You agree that you shall have no recourse against Phone1 for any alleged or actual infringement or misappropriation of any proprietary right in your correspondence with us.

Trademarks
“Phone1” and all products and logos denoted with ™ or ® are trademarks or registered trademarks of Phone1 or its affiliates.  Phone1 trademarks may not be used in connection with any product or service that is not a Phone1 product or service.

General Terms and Conditions

1. You acknowledge that Phone1 will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct.  When requested, Phone1 will co-operate fully with law enforcement agencies in any lawful investigation of alleged illegal activity on the Internet.
   
2. Submissions and unauthorized use of any materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.  You alone are responsible for your actions or the actions of any person using your account number and/or pass code.  As such, you shall indemnify and hold Phone1, its affiliates and their respective officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your account number and/or pass code (including without limitation your correspondence with us) violates any applicable law or regulation, or the rights of any third party.  Phone1 reserves the right to terminate access to this Website at any time and without notice.  Furthermore, this limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination, you must immediately destroy any downloaded and printed materials.
   
3. Phone1 may at any time revise the Terms by updating the then-current version thereof posted on this Website. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page of this Website to determine the most current version of the Terms to which you are bound.  Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.  In particular, if you are a Phone1 customer and there is any conflict between these Terms on the one hand, and the Customer Services Agreement on the other, the latter shall prevail.
   
4. Phone1 may change the format and content of this Website at any time. Phone1 may suspend the operation of this Web Site for support or maintenance work, in order to update the content or for any other reason.
   
5. Personal details provided to Phone1 through this Website will only be used in accordance with our privacy policy.  Please read this carefully before proceeding.  By providing your personal details to us, you are consenting to its use in accordance with our privacy policy and these Terms.
   
6. If you have a question or complaint, please contact us at support@phone1.com  
   

Undertaking, representation and covenants of the user

When using this Website, you expressly undertake, represent and covenant that you shall not:

1. Restrict or inhibit any other user from using or enjoying this Web Site, including without limitation by means of "hacking" or defacing any portion of this Website;
   
2. Transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
   
3. Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the Information or any portion thereof, your right to use this Website, or your right to access any services offered or made available on or through this Website.
   
4. Remove or modify any copyright, trademark, or other proprietary rights notices contained in this Website or on any material downloaded from the Website;
   
5. Submit particulars that you do not have the right or authority to submit under any law or any contractual or fiduciary relationship (such as trade secrets and confidential information);
   
6. Post or transmit to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, offensive, hateful or other similar material;
   
7. Use the Website to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others;
   
8. Interfere with or disrupt (e.g. through “denial of service” attack of any kind) the Website or any services provided thereon or thereby, or any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected with the Website;
   
9. Frame or mirror any part of the Website without Phone1's prior written authorization;
   
10. Use any robot, spider, scraper, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Information provided on this Website, without our written authorization; or
    
11. Violate any law, regulation or contract.
    
12. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content posted on or distributed through the Site.

Indemnification
You agree to indemnify, defend and hold Phone1, its affiliates and any of its and their directors, employees, advisors, suppliers, advertisers, agents or sponsors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms; (ii) your violation of the undertaking, representation and covenants mentioned above; and/or (iii) your activities in connection with this Website.

Miscellaneous
In the event any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from these terms and conditions, while the remaining provisions shall remain in full force and effect.  Phone1's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Applicable Law and Jurisdiction
These Terms are governed by and to be interpreted in accordance with laws of State of Florida applicable to agreements made and to be performed in Florida, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree, in the event of any dispute arising in relation to these terms and conditions or any disputes arising in relation to the Website, whether in contract or tort or otherwise, to submit to the exclusive jurisdiction of the federal and state courts of competent jurisdiction sitting in Florida for the resolution of all such disputes.  Any claim or cause of action you may have with respect to this Website must be commenced within one year after the claim or cause of action arises or else such claim or cause of action is barred.