Terms & Conditions
These Terms and Conditions constitute an agreement (“Agreement”) between you (“You”, “your”, “user” or “Customer”) and Answering Services, Inc d/b/a Go Answer (“1888GOANSWER”, “us”, “we” or “our”) for virtual telecommunication services, virtual telecommunication answering services, contact center services, and any and all related products or services (“Services”). This Agreement governs both the Services provided by 1888GOANSWER and any assigned toll-free and/or local number account (“Telephone Number”) used in connection with the Services provided by 1888GOANSWER.
1.HOW DO I ACCEPT THESE TERMS AND CONDITIONS?
You can accept our Terms and Conditions by taking any of the following actions: (i) by providing your electronic signature accepting these Terms and Conditions on our website at 1888GOANSWER.com or any of 1888GOANSWER’s associated subdomains, including but not limited to: www.1888GOANSWER.com (our “Site”); (2) by registering for our Services via telephone; or, (3) by requesting a paper copy of our Terms and Conditions through our Website or over the telephone and returning a signed copy of the Agreement to our offices.
By accepting our Terms and Conditions listed here, including by placing an order for our Services (your “Order”), You are agreeing to be bound, without limitation or qualification, by the terms of this Agreement.
By accepting our Terms and Conditions, You represent and warrant that You are at least 18 years of age or the applicable state age of majority and that You possess the legal right and ability to enter into this Agreement. If You are entering into this Agreement on behalf of a partnership, corporation, LLC or other similar business entity, You represent and warrant that You possess the necessary power, authority and capacity to enter into and perform this Agreement, and further that You have taken any and all proper and necessary action to authorize the execution, delivery and performance of this Agreement.
2.HOW DO I KNOW MY ORDER HAS BEEN ACCEPTED?
After 1888GOANSWER receives your electronic signature or after You have registered for Our Services over the telephone, 1888GOANSWER will send you an email confirming Our acceptance of your Order, confirming your Free Trial Period and/or Service Plan and creating Your Account. 1888GOANSWER will also confirm the date on which We will begin to provide You with the appropriate Services (“Order Confirmation”). If You elect to accept our Terms and Conditions using a paper form, We will mail You your Order Confirmation.
1888GOANSWER reserves the right at any time to contact You to re-confirm your Order and your Account in order to avoid fraud. In the event that 1888GOANSWER suspects the placement of a fraudulent Order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), 1888GOANSWER may suspend or terminate your Service Plan. In the event that 1888GOANSWER has reason to suspect an Order has been fraudulently obtained or that your Account is being used for fraudulent or illegal activities, 1888GOANSWER may, immediately and in it its sole and absolute discretion interrupt, suspend, cancel, restrict and/or terminate your Account without any additional notice to You.
3.HOW LONG IS THE TERM OF THIS AGREEMENT?
The initial term of this Agreement begins on the date 1888GOANSWER activates Services for your Free Trial Period or your Service Plan. Your Free Trial Plan ends after 30 days or after you have utilized two hundred (200) minutes, whichever comes first. If You have elected to purchase and continue with a Service Plan after Your Free Trial Plan, this Agreement continues through the end of that calendar month. Thereafter, this Agreement will continue to be in full force and effect from month to month until Your Service is terminated when you (or We) cancel Your then Current Service Plan. However, while You can cancel at any time for any reason this Agreement, if You do cancel, You will be billed and hereby accept the costs associated with the current month plus any usage from the previous month. Your Free Trial Plan and your Service Plan end pursuant to the terms of the Free Trial Plan and the terms of the Service Plan respectively. 1888GOANSWER will attempt to notify you via email to give You notice that your service is being terminated. 1888GOANSWER is not and will not be responsible for any and all business disruption or damages to your business because your Free Trial Plan ends or your Service Plan terminates.
4.HOW DO I PAY 1888GOANSWER FOR SERVICES?
As part of your registration for our Services, You are required to provide 1888GOANSWER with a valid form of payment. As 1888GOANSWER offers monthly billing, it currently accepts all major credit cards, Visa, MasterCard, American Express, and Discover (“Payments”). If You would like to pay with a different method, such as check, please reach out to Us at [email protected]. Additionally, You hereby authorize 1888GOANSWER to charge or collect these Payments for your Initial Payment, your Monthly Payments, and/or Immediate Supplemental Service Payments. If your form of Payment is suspended or denied, 1888GOANSWER reserves the right to immediately suspend or terminate your Account until proper payment by You.
You agree to advise 1888GOANSWER of any changes to your debit card or credit card account, billing address, CCV authorization code, and/or expiration date.
Should a Payment be declined for any reason, 1888GOANSWER will attempt to charge it again as follows: 2nd attempt after one (1) day, 3rd attempt after six (6) additional days and 4th and final attempt after 7 (seven) additional days. If the fifth attempt at a Payment is unsuccessful, your account will be terminated and 1888GOANSWER will notify you of such termination by email. Notwithstanding the previous section, if your Payment is declined for a charge within 90 days of the date you opened your account, your account will be canceled immediately and the telephone number on your account may be unavailable until your account is reactivated.
5.WHAT DOES 1888GOANSWER CHARGE FOR ITS SERVICES?
1888GOANSWER charges a $50 or a $75 set-up fee depending on the plan chosen by You for each Account (your “Setup Fee”). Each month you will be charged a Base fee for the Service Plan You have elected (your “Base Fee”). Your Base Fee includes: (i) a flat monthly service fee which includes the calling charges defined by your Service Plan within the continental United States and (ii) an additional second rate (if you exceed the number of calling minutes on your Service Plan, 1888GOANSWER will bill you for the minutes you use above your allowance) all of which is listed on the rate schedule posted on our Site (the “Rate Schedule”). Your Base Fee also includes regulatory and government fees, all taxes and surcharges, including regulatory recovery fees associated with the Services provided under your Service Plan. 1888GOANSWER does not forward, transfer or “patch” calls to numbers outside of the territorial United States.
1888GOANSWER services are billed by the minute in one second increments. 1888GOANSWER do not round up. Thus, if a call lasts six (6) seconds, then your Service Plan will be charged six (6) seconds. However, the length of your call is not limited to talk time. Billable time generally will also include time needed for operators or other staff to provide services required by any particular call.
In addition, if you use Services not covered under your Service Plan (“Supplemental Services”), you will be charged additional fees listed on our Site (“Supplemental Service Fees”).
Supplemental Services include, but are not limited to, any additional minutes You used (which exceeded the number of calling minutes allotted in your current Service Plan), long distance calls, call patching, automated services, and other non-provided Services.
Supplemental Service Fees, include but are not limited to, additional second charges, long distance and directory assistance charges, fees related to call forwarding, adding additional sub-accounts and/or merging accounts, returned check fees and costs, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on You or us as a result of your use of the Supplemental Services all of which are posted on the Rate Schedule, collection fees, including but not limited to reasonable attorneys’ fees and costs. Supplemental Service Fees include initiation fees and additional fees for optional features, add-ons, and other added products and Services. Fees for these Services are listed on the Rate Schedule.
1888GOANSWER reserves the right to update the Rate Schedule including change 1888GOANSWER’s pricing and/or billing practices in its sole discretion, without additional notice to You. 1888GOANSWER may also introduce new products and Services at special introductory pricing in its sole discretion without additional notice to You.
Introductory pricing may change at the sole discretion of 1888GOANSWER. A monthly minimum base rate applies as per the terms of your Service Plan.
If You anticipate or reasonably anticipate a large increase or spike in usage, 1888GOANSWER requires You to provide Us with at least five (5) business days’ notice so that 1888GOANSWER may property staff your account. In order to provide excellent service to all of our customers we reserve the right to limit or restrict calls and other services if they exceed the number or level of calls anticipated based upon your specific Service Plan.
6.WHEN WILL YOU COLLECT PAYMENTS FROM ME? (WHEN WILL MY ACCOUNTS BE CHARGED?)
Initial Payment
When You accept the Terms and Conditions of this Agreement, You are authorizing 1888GOANSWER to collect a Payment which represents a pro-rated Base Fee for the balance of that month, the full Base Fee for the subsequent month, a Set Up Fee and all applicable initiation and origination fees, and any and all taxes, surcharges and recovery fees associated with your Service Plan (the “Initial Payment”).
Monthly Payments On or About the First Business Day of Each Month
1888GOANSWER will provide You with an invoice that reflects your Base Fee for the upcoming month and accrued charges for Supplemental Services for the preceding month (not already billed pursuant to an Immediate Supplemental Service Payment) (your “Monthly Bill”). Your Monthly Bill is required to be paid on or before the fifth day of each month (the “Due Date”). You authorize 1888GOANSWER to collect a Payment each month to satisfy all charges shown on your Monthly Bill by the payment method provided by You to 1888GOANSWER.
Immediate Supplemental Service Payments
In addition to authorizing monthly Payments to pay the charges shown on your Monthly Bill, You authorize us to charge your debit card, credit card, or other authorized and accepted payment method at any time during a monthly billing period for Supplemental Services accrued. You authorize us to immediately collect a Payment to pay for these Supplemental without additional notice to You or consent from You. If the form of Payment on file is declined or otherwise suspended, 1888GOANSWER reserves the right to terminate or suspend your Account, without prior notice to You.
Adjustments to Billing Cycles
You will receive monthly invoices from Us. The billing cycle end dates may change from time to time. If a billing cycle covers less than or more than a full month, we may make reasonable adjustments and pro-rations to accommodate this change.
7.HOW DO YOU BILL ME IF I SIGN UP FOR A FREE TRIAL PERIOD?
1888GOANSWER will provide you a two week Free Trial Period for 14 days or 120 minutes, whichever comes first. We will reach out to You as your Free Trial Period is coming to an end and permit You to continue service and select a plan and pay by credit card. All Terms and Conditions within this Agreement apply during a Free Trial Period.
8.HOW WILL I KNOW IF 1888GOANSWER CHANGES THESE TERMS AND CONDITIONS, MY SERVICE PLAN OR THE RATE SCHEDULE?
1888GOANSWER reserves the right, at any time, to change, modify or amend these Terms and Conditions, your Service Plan or the Rate Schedule (an “Amendment”) without any notice to You. In the event that 1888GOANSWER does make an Amendment, We will provide You with notice via email and/or we will post the change on our Site (“Notice of Amendment”). Our most current Terms and Conditions, Service Plans and Rate Schedule are always available for You to review on our Site.
Each Amendment shall have an effective date which shall be not less than ten (10) days after the Notice of Amendment is sent to You or posted online. If You do not agree to the terms of the Amendment, You may cancel this Agreement by giving us written notice within 15 days of receipt of the Notice of Amendment. If You do cancel or terminate, You will be billed and hereby accept the costs associated with the current month plus any usage from the previous month.
Notwithstanding anything to the contrary, no Notice of Amendment shall be required for an Amendment to be effective to prevent fraud or illegal activity.
We reserve the right to assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of 1888GOANSWER to a third party without notice to You; provided any such third party shall be obliged to honor the then Current terms of this Agreement.
If you use 1888GOANSWER services after You are in receipt of Notice of an Amendment, You are accepting the terms of the Amendment and You agree that your Service Plan shall be subject to the terms of the Amendment.
9.HOW DO I ACCESS MY ACCOUNT OR CHANGE MY SERVICE PLAN?
When You receive your Order Confirmation, You will be able to access your Account using Your Valid Email Address as your User ID and a login password that You will create (“Login Password”). The use of your Login Password helps 1888GOANSWER to protect You and your Account. Certain pages on our Site or the access to the Services and/or your Account may be accessed only by use of your Login Password. You are solely responsible for all uses of the Site and/or the Services and/or your Account. If your Services or Accounts are fraudulently used, You agree to immediately notify us of such unauthorized use. 1888GOANSWER has the right to interrupt, restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud or other unauthorized use investigation and to use any fraud prevention measures we prescribe. If we suspect fraud on your account, 1888GOANSWER reserve the right not to refund your charges.
1888GOANSWER reserves the right, in its sole discretion, to block access to certain international countries and locations that are frequently implicated in fraudulent calls.
You may not assign this Agreement without our prior written consent, which may be withheld in our sole discretion.
10.WHAT HAPPENS IF I FAIL TO PAY MY BILL ON TIME?
Time is of the essence for payment. Therefore, if 1888GOANSWER is unable to collect your Base Fee or Supplemental Service Fee as per the terms of this Agreement on the Due Date, You agree to pay us interest at the higher of: (a) 18% per annum; or, (b) the highest amount allowed by law for any amounts unpaid as of the Due Date.
Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of the rights of 1888GOANSWER to collect the full amount due under this Agreement. If your Account is suspended for non-payment, we will require You to pay all past due amounts, all open balances that may not have become “past due” prior to reactivation of your Account, and any new charges that may include a pro-rated Base Fee for the balance of that month and the full Base Fee for the subsequent month.
11.WHAT RIGHTS DO I HAVE TO USE 1888GOANSWER MATERIAL?
Any and all materials (“Materials”) and content (“Content”) on the Site are provided by and solely owned by 1888GOANSWER unless indicated otherwise. Any and all of the intellectual property rights in the Materials, Contents and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the exclusive property of 1888GOANSWER. 1888GOANSWER retains all copyrights in the individual pages on the Site, and their components, and collective works (“Works”) available on the Site.
You agree not to use the Materials, Content, Services and/or your Account for any unlawful or abusive purpose or in any way which interferes with 1888GOANSWER’s ability to provide Services to its customers, or damages its property.
The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. The Materials and Services may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without 1888GOANSWER’S prior written permission.
Trademarks and copyrights including the 1888GOANSWER logo is the property of 1888GOANSWER. Any and all other names and trademarks are the property of their respective holders.
As a visitor to Our Site, You are authorized to download one copy of the Materials and/or Content found on this Site for use with Our Services and/or Accounts. This is a license, not a transfer of title, and is subject to the following restrictions that unless You receive prior written consent from us and unless you receive any required regulatory approvals, You may not: (a) modify any of the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Content, Services or Accounts; (c) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; (d) unless otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another person. You agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.
You agree that 1888GOANSWER, in our sole discretion, may terminate this License at any time, for cause. Upon termination, You will immediately destroy any copies of the Material, Content and Works in your possession.
12.HOW CAN I TERMINATE THIS AGREEMENT?
You may terminate this Agreement at any time and cancel Your then existing Subscription. There is no cancellation fee as you can cancel at any time for any reason. However, if you decide to cancel, You will be billed for the current month plus any usage from the previous month. Because some charges may have accrued prior to your termination, a final payment will be processed and due on receipt. If the Services provided to You are terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services as You must cancel your subscription before the next Billing Cycle Date.
13.HOW CAN 1888GOANSWER TERMINATE THIS AGREEMENT?
1888GOANSWER may terminate this Agreement at any time and for any reason.
If You fail to pay any amount owed to Us after the due date, or if You have in the past failed to pay amounts due us or an affiliate of ours, or if You breach any representation to Us or if You fail to perform any of the promises You have made in this Agreement, or if You are subject to any proceeding under the Bankruptcy Act or similar laws, You will be in default and We may, in our sole discretion and without prior notice, restrict, cancel or terminate Services and/or terminate this Agreement, in addition to any and all other legal and equitable remedies available to Us.
Upon termination of this Agreement and/or your Services, Your right to use the Services provided by Us immediately ceases. You shall have no right and 1888GOANSWER will have no obligation thereafter to forward any unread or unsent messages to You or any third party. We may also require additional reactivation charges to renew Services after termination or suspension.
Upon termination, You are responsible for paying any and all amounts and charges owed Us under this Agreement.
14.HOW DOES A FORCE MAJEURE EVENT IMPACT OUR AGREEMENT?
In the event of a Force Majeure event, including but not limited to those acts of God, acts of a public enemy, acts or omissions of other parties (including any litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, inability to procure or a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and 1888GOANSWER are excused from our obligations under this Agreement, except for the obligation to pay money for any services already provided by Us to You.
15.DO I CONTROL THE TOLL FREE AND LOCAL TELEPHONE NUMBERS ASSIGNED TO MY ACCOUNT?
You are in control of and may use any toll free and local telephone number assigned to you by 1888GOANSWER or transferred by you to 1888GOANSWER (your “Numbers”); however, those Numbers always remain the property of 1888GOANSWER. Following the termination or suspension of your Account, 1888GOANSWER may reassign your Numbers to another 1888GOANSWER customer and You lose any and all interest, rights and control of those Numbers. Thus, it is Your responsibility to ensure that the Numbers is activated and operational on your account BEFORE advertising the number in ANY way.
16.CAN I USE 1888GOANSWER’S SERVICES TO CONTACT 911-EMERGENCY? (NO)
1888GOANSWER IS NOT A “DIAL-TONE” PROVIDER; THUS, IN THE EVENT OF AN EMERGENCY WHILE USING OUR SERVICES, HANG UP AND DIAL “911”. YOU MUST USE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE A 911 CALL AS WE ARE NOT EQUIPPED TO HANDLE THIS.
17.WHAT ARE THE LINKS TO OTHER MATERIALS AND OTHER PROVIDERS ON YOUR SITE?
As a benefit to You, We may place HTML links to other websites or articles on our Site. These linked sites are not necessarily under the control of 1888GOANSWER and 1888GOANSWER is not responsible for any of the content of any listed linked sites or any link contained in any non-affiliated linked site. We have selected the links and articles for your convenience; however, the selection or omission of any links is not intended to endorse any particular companies or products. If You do decide to access any of the third party sites linked on this Site, You do so entirely at your own risk.
18.HOW DO WE CONTACT 1888GOANSWER FOR IMPORTANT NOTICES?
Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first-class mail, postage prepaid, addressed, (a) if to You, it will be at the address as kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us at GO-ANSWER Headquarters, 401 Franklin Ave, Suite # 102, Garden City, NY 11530. Your notice to Us must specify your Name and the Account Number associated with Your Account. Each such notice, request or other communication shall be effective: (i) if given by mail, five (5) business days after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, or (ii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed ineffective.
19.DO YOU OFFER A WARRANTY FOR YOUR SERVICES AND MATERIAL? (WE DO NOT PROVIDE ANY WARRANTIES)
1888GOANSWER takes pride in the services it provides to its customers. However due to the inherent nature of interpersonal verbal, oral and other communications, including but not limited to potential poor telephonic connections, foreign language barriers, differences in speech dialects, hearing and speech impediments all make it impossible to guarantee that all messages received by 1888GOANSWER will be perfectly transmitted to You exactly as originally provided and this otherwise limit the effectiveness of the services We provide to You. In light of these challenges, We hereby make absolutely no warranties regarding the services we provide to You. 1888GOANSWER’s human and/or technical errors may impact your business or services, as messages may not be accurately transmitted and/or information relayed may not be accurate or timely. By accepting these Terms and entering into this Agreement, You understand that 1888GOANSWER is not responsible to you for any and all damages or losses that You suffer as a result of a failure of 1888GOANSWER’s services.
THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS PROVIDED BY US TO YOU ARE “AS IS.” 1888GOANSWER MAKES NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. 1888GOANSWER DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If You rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by 1888GOANSWER, your sole and only remedy for such wrongful reliance is against the third person making such representation or warranty and not 1888GOANSWER.
By accepting these terms and conditions you are acknowledging that you have read this WARRANTY DISCLOSURE and that you agree to its terms and conditions.
20.IF WE HAVE A DISPUTE, HOW IS IT RESOLVED?
If you have a problem with our service or have a dispute with us we ask you to contact us immediately at [email protected].
By accepting these terms and conditions herein, You agree that You must contact us first in a good faith attempt to resolve any existing dispute before advising your bank or card company of a dispute or disagreement regarding a bill. You agree that You will promptly bring any dispute or problem to 1888GOANSWER’s attention within fifteen (15) days of the problem or issue first arising. You hereby agree that if you fail to bring any problem or dispute to our attention within fifteen (15) days, You hereby waived the right to bring a dispute or complaint through your credit card company, bank or other electronic payment source against 1888GOANSWER.
If we are not able to resolve any dispute, the following provisions apply:
Governing Law: You Agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Jurisdiction and Venue: You and 1888GOANSWER agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a New York state or federal court with jurisdiction sitting in Nassau County, New York, United States of America. You and 1888GOANSWER each waive any and all objections You or 1888GOANSWER may have now or hereafter to regarding the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
Jury Trial: You waive your right to have a trial by jury.
Severability: If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
21.LIMITATION OF LIABILITY.
IN NO EVENT SHALL 1888GOANSWER, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO: (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NON PERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF 1888GOANSWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 1888GOANSWER ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS: (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR, (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.
IN NO EVENT SHALL 1888GOANSWER, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, 1888GOANSWER SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND 1888GOANSWER AGREE THAT IN NO EVENT SHALL LIABILITY OF 1888GOANSWER TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
YOU AND 1888GOANSWER AGREE THAT THIS SECTION 22 OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND 1888GOANSWER. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, 1888GOANSWER WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU AND UNDERSTAND THEM.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
By accepting these terms and conditions you are acknowledging that you have read this LIMITATION OF LIABILITY section and that you agree to its terms and conditions.
22.INDEMNITY.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 1888GOANSWER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF 1888GOANSWER OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
By accepting these terms and conditions you are acknowledging that you have read this INDEMNITY provision, that you agree to its terms and conditions; and understand them.
