BEFORE USING THIS WEB SITE OR OUR SERVICES, PLEASE READ THE TERMS OF USE SET FORTH BELOW. BY USING THIS WEB SITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE REGISTERING ON BEHALF OF A CORPORATION YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE CORPORATION. INTELESURE, LLC ("INTELESURE") RESERVES THE RIGHT TO REVISE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE AND, BY USING THIS SITE OR OUR SERVICES SUBSEQUENT TO THE REVISION OF THE TERMS OF USE, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU FIND THE TERMS OF USE TO BE UNACCEPTABLE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE AND OUR SERVICES.

1. No Representation or Warranty

1.1 The documents, graphics and images published at this Web Site could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this Web Site without notice. We make no commitment, however, to update the information contained in this Web Site. Consequently, TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

1.2 This site may contain links to other Web Sites which are completely independent of this Web Site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or of the products or services described therein.

1.3 Users of this Web Site should not rely upon opinions expressed at this Web Site when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked Web Sites.

1.4 USE OF SERVICES / CUSTOMER RESPONSIBILITIES
You are fully responsible for the contents of your transmissions through our telephony/internet services ("Services"). This applies to all services offered by Intelesure, to include voicemail, internet fax, virtual pbx, live answering, and any other related service we offer. Intelesure simply acts as a passive conduit for you to send and receive information of your own choosing. However, Intelesure reserves the right to take any action with respect to the Services that Intelesure deems necessary or appropriate in its sole discretion if Intelesure believes you or your information may create liability for Intelesure, compromise or disrupt the Services for you or other Customers, or cause Intelesure to lose (in whole or in part) the services of Intelesure's ISPs or other suppliers. The Services make use of the telephone network and Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to both PSTN and Internet regulations, policies and procedures.

Intelesure has no control of the content of the information passing through the Services

Intelesure does not:

  • Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
  • Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
  • Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
  • Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account including, but not limited to, the Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.

You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Intelesure promptly of any changes to this information as required to keep it current, complete and accurate.

Intelesure reserves the right at all times to disclose any information as Intelesure deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Intelesure Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services.

2. Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

3. Limitation of Damages

3.1 IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR USE OF OUR SERVICES, OR USE OF ANY OTHER LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.

4. Ownership

4.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.

5. License

5.1 Except as expressly provided in clause 5.2, nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

5.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web Site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.

6. Linking to this Web Site

6.1 You may provide links to this Web Site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web Site, (b) you give us notice of such link by sending an e-mail to support@intelesure.com, and (c) you discontinue providing a link to this Site if instructed to do so by us.

7. Governing Laws in Case of Dispute

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Idaho, USA, as they apply to agreements made and solely performed therein. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Idaho and jurisdiction for such disputes shall rest solely in Idaho, USA.

8. Severability

8.1 These Terms of Use incorporate by reference any notices contained on this Web Site and constitute the entire agreement with respect to your access to and use of this Web Site or our services. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

9. Limitations of Liability

9.1 Our company makes no warranty, express or implied, with respect to the Intelesure services offered hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose or use with respect to such services.

9.2 We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or irretrievable messages or beeps as a result of power and/or equipment failure.

9.3 In addition, because damages cannot be calculated in advance, customer agrees that the maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by customer under this agreement for the services during the period such damages occur.

9.5 Customer agrees that these limitations of liability are reasonable under the circumstances existing as of the execution date of this Agreement.

9.6 We have the right to refuse service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses our company, other Intelesure customers, or our partners.

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