Terms of Use
These Terms of Service constitute the agreement
("Agreement") between Numbr.com. ("we",
"us", "Numbr" or "Numbr.com" or "Numbr, LLC") and the user ("you","user" or "Customer") of Numbr.com's communications
services and any related products or services ("Service").
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2.2 Inappropriate Conduct. You shall not use the Service 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 discontinue your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service in any of the aforementioned ways. If we believe that you have used the Service 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, Numbr.com 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 users or others. Furthermore, Numbr.com reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
5.2 Service Distinctions The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, different regulatory treatment is applied to the Service as compared with telecommunications service, which may affect your rights before regulatory agencies.
5.3 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
5.4 Disconnection We reserve the right to suspend or discontinue the Service generally, or to discontinue your Service, at any time in our sole and absolute discretion.
You agree that Numbr.com should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
NUMBR.COM'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF NUMBR.COM RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY , OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY NUMBR.COM'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF NUMBR.COM OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.IN A COURT
Any dispute or claim between you and Numbr.com arising out of or relating in any way to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND NUMBR.COM BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Date: 03/19/08
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.0 EMERGENCY SERVICES - 911 DIALING
You acknowledge and understand that Numbr.com does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your Numbr.com service that they must access these numbers directly through a traditional landline or mobile phone. Numbr.com is not intended to replace your primary phone service, such as traditional landline or mobile phone.2.0 Prohibited Uses.
2.1 Unlawful. You shall use the Service only for lawful purposes. We reserve the right to immediately discontinue your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Numbr.com will provide information in response to law enforcement requests, lawful government 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 users or others.2.2 Inappropriate Conduct. You shall not use the Service 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 discontinue your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service in any of the aforementioned ways. If we believe that you have used the Service 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, Numbr.com 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 users or others. Furthermore, Numbr.com reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
3.0 Copyright, Trademark, and Unauthorized Use
The Service, including information, documentation or material provided to you by Numbr.com are protected by copyright, trademark, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trade names, logos, and domain names (collectively "Marks") of Numbr.com are and shall remain the exclusive property of Numbr.com and nothing in this Agreement shall grant you the right or license to use such Marks.4.0 Audit and Law Enforcement
Numbr.com reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Numbr.com reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.5.0 Service Description
5.1 Service Requirements You acknowledge and understand that the Service will not function without a functioning landline, mobile, or internet phone number as provided during the Service initiation.5.2 Service Distinctions The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, different regulatory treatment is applied to the Service as compared with telecommunications service, which may affect your rights before regulatory agencies.
5.3 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
5.4 Disconnection We reserve the right to suspend or discontinue the Service generally, or to discontinue your Service, at any time in our sole and absolute discretion.
6.0 Your Responsibility
You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.7.0 INDEMNIFICATION
You agree to defend, indemnify, and hold Numbr.com, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service or this Agreement.You agree that Numbr.com should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
8.0 LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF NUMBR.COM SERVICE DESCRIBED HEREIN.NUMBR.COM'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF NUMBR.COM RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY , OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY NUMBR.COM'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF NUMBR.COM OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
9.0 WARRANTY LIMITATIONS
WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET USER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, NUMBR.COM EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.10.0 DISPUTE RESOLUTION BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OFAny dispute or claim between you and Numbr.com arising out of or relating in any way to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND NUMBR.COM BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
11.0 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 (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 discontinue or suspend your Services and remove your or your User's content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to 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.12.0 Entire Agreement.
This Agreement, including any future modifications as may occur within the terms of the Agreement constitute the entire agreement between you and Numbr.com and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Numbr.com and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.13.0 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.14.0. 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.numbr.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.Date: 03/19/08