Nuvois

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Nuvois.com ("Nuvois") makes available for your use on its
websites ("Website" or "Site") information, documents,
software and products (collectively "Materials") and various
services offered by Nuvois (each a "Service" and collectively
"Services") subject to the terms and conditions set forth in
this document ("Terms of Service"). By accessing or using
this Site, which includes your access to or use of any
Materials or Services, you agree to be bound by these Terms
of Service. If you do not wish to be bound by these Terms of
Service, you may not access or use the Site, Materials, or
any of the Services. By using the Materials or Service, you
are agreeing to be bound by these Terms of Service.

Nuvois may modify the Materials, Services and Terms of
Service at any time without notice and such modifications
shall be deemed effective immediately upon making such
changes. Additionally, when using particular Services or
Materials, you shall be subject to all posted agreements,
guidelines or rules applicable to such Services or Materials
that may contain terms and conditions in addition to those
in the Terms of Service. All such guidelines or rules are
hereby incorporated by reference into the Terms of Service.

Nuvois may maintain many different language versions of the
Website, and in the event there is any inconsistency between
the English version of Nuvois's Terms of Service, End User
License Agreement or Privacy Policy on the Website and any
other language version, the English version shall be
binding.

SERVICE

Term
Service is offered on a prepaid basis for NuvoisPrepaid and
NuvoisCallingcard accounts and any balance remaining on such
accounts will expire 120 days from the date of purchase of
your account or your last recharge of such account,
whichever is later. Service is offered on a monthly basis
for all NuvoisMonthly accounts for a term which begins on the
date that Nuvois activates your Service and ends 30 days
later. For NuvoisMonthly accounts, subsequent terms of this
Agreement automatically renew on a monthly basis without
further action by you unless you give Nuvois written notice
of non-renewal at least ten (10) days before the end of the
monthly term in which the notice is given. NuvoisMonthly
accounts purchase 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.
Due to our verification process, all funds may not be
available for immediate use.

Consumer
If you have subscribed to one of Nuvois's consumer services
(NuvoisMonthly, NuvoisPrepaid, or NuvoisCallingcard), the
Service is provided to you as an individual user, for your
personal, non-business and non-professional use. This means
that you are not using them for any commercial or
governmental activities, profit-making or non-profit,
including but not limited to home office, business, sales,
tele-commuting, tele-marketing, autodialing, continuous or
extensive call forwarding, fax broadcast, fax blasting or
any other activity that would be inconsistent with normal
residential usage patterns. This also means that you are not
to resell or transfer the Service to any other person for
any purpose, or make any charge for the use of the Service,
without express written permission from Nuvois in advance.
You agree that your use of the Service, or the use of the
Service provided to you by any other person for any
commercial or governmental purpose will obligate you to pay
Nuvois's higher rates for commercial service on account of
all periods, including past periods, in which you use, or
used, the Service for commercial or governmental purposes.
Nuvois reserves the right to immediately terminate or modify
the Service, if Nuvois determines, in its sole discretion,
that your Service is being used for non-residential or
commercial use.

Business
If you have subscribed to Nuvois's Small Business services,
the Service and Materials are provided to you as a small
business user. This means that you are not to resell or
transfer the service or Materials to any other person for
any purpose, without express written permission from Nuvois
in advance. You agree that the Nuvois's Small Business Plans
do not confer the right to use the service for auto-dialing,
continuous or extensive call forwarding, telemarketing, fax
broadcasting or fax blasting. Nuvois reserves the right to
immediately terminate or modify the Service, if Nuvois
determines, in its sole discretion, that your Service is
being used for any of the aforementioned activities.

NuvoisCallingcard
The NuvoisCallingcard service is only accessible from within
the continental United States and is not available from
Alaska, Hawaii, other US Territories or non-US locations.

PAYMENT

Nuvois charges you in advance for every Service. For
NuvoisMonthly accounts and other recurring accounts
("Recurring Service") Nuvois only accepts payments by credit
card. Your initial use of the Recurring Service authorizes
Nuvois to charge the credit card account number on file with
Nuvois, including any changed information given Nuvois if the
card expires or is replaced, for Nuvois charges that accrue
during the billing cycle. This authorization will remain
valid until 30 days after Nuvois receives your written notice
terminating Nuvois's authority to charge your credit card.
Upon payment verification, you may be required to submit
additional documentation establishing your identity and
place of residence in order to have your Service activated.
Nuvois may terminate your Service at any time in its sole
discretion, if any charge to your credit card on file with
Nuvois is declined or reversed or in case of any other
non-payment of account charges. Termination of Service for
declined card, reversed charges or non-payment leaves you
FULLY LIABLE to Nuvois for ALL CHARGES ACCRUED BEFORE
TERMINATION and for charges incurred by Nuvois owing to your
non-payment, such as (but not limited to) collection costs
and attorney's fees.

By using the Service, you authorize that any charges
incurred from the use of the Service shall be debited from
your Nuvois account. You hereby agree that you are
responsible for payment of all applicable charges on your
call detail report incurred as a result of the use of your
Nuvois account for the Service, including but not limited to
the use or misuse by an unauthorized third party, or any
error, accidental use or loss. All funds in your Nuvois
account may not be available for immediate use due to our
verification process. Nuvois will not offer any refunds or
reimbursements for the purchase price of accounts for the
Services. Any fraudulent action by the user to avoid payment
will be prosecuted to the fullest extent of the law.  If
Nuvois suspects fraudulent use of your Nuvois debit account,
it may suspend or terminate your Nuvois debit account without
notice.

You are responsible for maintaining the confidentiality of
your account number and/or password. You are responsible for
all uses of your account, whether or not actually or
expressly authorized by you. You agree to notify Nuvois
immediately, in writing or by calling the Nuvois support
line, if you become aware at any time that your Service is
being stolen or fraudulently used.

Nuvois recommends that you routinely review your online
account history to ensure its accuracy.

BILLING

If you register for one of our pay services, you agree to be
responsible for payment of all applicable charges incurred
as a result of your use of the Nuvois pay services, including
but not limited to the use or misuse by an unauthorized
third party, or any error, accidental use or loss. Nuvois
will not offer any refunds or reimbursements for the
purchase price of a calling card account. Call times for
each call are rounded up to the next whole minute and billed
in full minute increments. Per call charges are rounded up
to the next whole cent. All calls for which we receive
answer supervision shall incur a minimum one-minute charge.
Nuvois relies on answer supervision to determine whether and
when a call has been answered. Answer supervision is a
signal sent by the carrier connecting the call to indicate
the start of call. Answer supervision is generally received
when a call is answered; however, answer supervision may
also be generated by voicemail systems, private branch
exchanges, and interexchange switching equipment. You must
notify us in writing of any disputed charges within sixty
(60) days of the charges or you will have waived your right
to dispute the charges.

INTELLECTUAL PROPERTY

Trademarks
All corporate names, service marks, logos, trade names,
trademarks, websites and domain names of Nuvois (collectively
"Marks") are and shall remain the exclusive property of
Nuvois and nothing in these Terms of Service shall grant you
the license to use such Marks.

Copyright
All Services and/or Materials found in the Website are
protected by trademark, copyright, or other intellectual
property laws. Any commercial use of the Services and/or
Materials found on the Website is strictly prohibited,
without the express, prior, written consent of Nuvois. Any
reproduction or redistribution of the Services and/or
Materials not in accordance with the terms set forth herein
is expressly prohibited by law, and may result in severe
civil and criminal penalties.

Use of Software
The software that is made available to download from this
Site is the copyrighted work of Nuvois and/or its suppliers
and partners. Use of such software is governed by these
Terms of Service and the terms set forth in the applicable
End User License Agreement. You may not reverse engineer,
decompile or otherwise attempt to discover the source code
of the software available on the Website. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.

EXPORT CONTROL LAWS

The export and re-export of Nuvois Materials are controlled
by the export laws and regulations of the United States, as
they may be amended from time to time. Accordingly, you
certify that you are aware of and will comply with all
applicable export rules and regulations, including the
responsibility to obtain a license for the export or
re-export of the Materials to any destination requiring such
a license. In addition, the Materials may not be exported or
re-exported (a) into, or to a national or resident of, any
country to which the United States has embargoed goods, or
(b) to anyone on the United States Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders, or (c) any other country
to which the United States prohibits the export of goods,
technology or services or to nationals of those countries,
wherever located. By downloading or using the Materials you
are certifying that you are not a national of one of the
above-listed countries or of any other country to which the
United States embargoes goods, services or technology and
that you are not a person on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.

YOUR CONDUCT

You agree to use the Materials and Services for lawful
purposes only. You are prohibited from posting on, or
transmitting through, the Site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful,
discriminatory, or other objectionable material of any kind,
including, without limitation, material that encourages
unlawful conduct. If Nuvois believes, in its sole discretion,
that you have engaged in any of the foregoing conduct, Nuvois
may, (i) remove such content from the Site; (ii) terminate
or suspend your account or use of the Services and
Materials; and/or (iii) forward the offensive materials,
your communications with Nuvois, and your personally
identifiable information to the proper authorities for
investigation or prosecution.

WARRANTIES AND DISCLAIMERS

HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL
ENABLE YOU TO LEAVE Nuvois'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF Nuvois AND Nuvois IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Nuvois
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
Nuvois OF THE SITE. Nuvois AND ITS AFFILIATES DO NOT CONTROL
OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES
AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS".
Nuvois DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION
PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY,
OR AS TO THE QUALITY OF THE CALL. Nuvois SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. Nuvois DOES NOT WARRANT THAT THE
SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR
WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES
Nuvois WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE
INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS
WILL BE CORRECTED. Nuvois DOES NOT GUARANTEE OR WARRANT THAT
THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE
FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER
CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT
PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR
MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE
RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES,
MATERIALS AND THE INTERNET.

Statements and descriptions concerning the Service, Software
or Materials, if any, by Nuvois or Nuvois's agents or
installers are informational and are not given as a warranty
of any kind.

NO WARRANTIES, OR LIMITED WARRANTIES, FOR DEVICES

If you purchased a hardware device new from Nuvois and the
device included a limited warranty at the time of purchase,
you must refer to the separate limited warranty document for
information on the limitation and disclaimer of certain
warranties. If your device did not include a limited
warranty from Nuvois at the time of purchase, you agree that
you accept the device "as is" and that you are not entitled
to replacement or refund in the event of any defect.

EMERGENCY 9-1-1 CALLS

EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE
CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER
Nuvois NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT
COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR
EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR
FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR
SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT WILL Nuvois BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON
THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN
IF Nuvois OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH, OR HYPERLINKED FROM, THE SITE.

INDEMNITY

You agree to indemnify, defend and hold Nuvois, its officers,
directors, employees, agents, shareholders, licensors,
suppliers, business partners and any third party information
providers to the Site, Services or Materials from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from your improper use
of any Services or Materials, or any violation of this
Agreement by you. The provisions of this paragraph are for
the benefit of Nuvois and its officers, directors, employees,
agents, shareholders, licensors, suppliers, business
partners and any third party information providers to the
Site, Services or Materials. Each of these individuals or
entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.

TERMINATION

You agree that Nuvois, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the
Services or Materials, for any reason, or no reason at all.
Nuvois may also in its sole discretion and at any time
discontinue providing the Materials, Services, or any parts
thereof, with or without notice. You agree that any
termination of your access to the Services or Materials may
be effected without prior notice, and acknowledge and agree
that Nuvois may immediately deactivate or delete your account
and/or bar any further access to the Services or Materials.
Further, you agree that Nuvois shall not be liable to you or
any third-party for any termination of your access to the
Services or Materials.

RETURNS

If you need to return a new hardware device purchased
directly from Nuvois, user must obtain a Goods Return
Authorization Number (GRA) from Nuvois to set up a return or
exchange by email or by calling the Nuvois support line.
Returns will not be accepted without a Pre-Authorized GRA
Number and must be sent back as follows: (i) with a copy of
the proof of purchase and original packaging, (ii) the
contents must be undamaged and in original condition, and
(iii) all documentation and packaging materials must be
returned. Full refunds are given for any hardware devices
purchased directly from Nuvois if returned to Nuvois within 30
days of the original invoice date and original shipping
charges are non-refundable. If items are returned in a
damaged condition there may be a restock fee or the return
may be refused by Nuvois, in its sole discretion. All new
hardware devices sold by Nuvois are sold with the
manufacturer's limited warranty; you must refer to the
separate limited warranty document for information on the
limitation and disclaimer of certain warranties. The
warranty period and service varies by manufacturer and such
device. Any items purchased through a third party partner of
Nuvois and not directly from Nuvois will be subject solely to
the terms and conditions of such third party's return and
warranty policies.

MANDATORY ARBITRATION

Any dispute or claim between User and Nuvois arising out of
or relating to the Service or Materials 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 follow the plain meaning of the relevant documents,
and shall 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. All
claims shall be arbitrated individually and User will not
bring, or join a punitive or certified class action to
arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. User acknowledges that
this arbitration provision constitutes a waiver of any right
to a jury trial.

GOVERNING LAW; JURISDICTION

These Terms of Service are not subjected to any legal jurisdiction 
and you expressly waive all defenses to jurisdiction Nuvois's
failure to insist upon or enforce strict performance of any
provision of these Terms of Service 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 of Service. Nuvois may
assign its rights and duties under these Terms of Service to
any party at any time without notice to you.

PERSONAL INFORMATION AND PRIVACY

To learn about how Nuvois protects your personal information,
refer to our Privacy Policy by clicking here. Please note
that any non-personal information or material sent to Nuvois
will generally be deemed NOT confidential.

CHANGES; NOTICE

Nuvois may modify these Terms of Service, and the Privacy
Policy at any time by posting such modification on the
Website and such modification shall be deemed effective
immediately upon posting of the modified Agreement. Your
continued access or use of the Service shall be deemed your
acceptance of the modifications. Notice will be considered
received by you, and such changes will become binding on
you, on the date posted to the Nuvois Web Site and no further
notice by Nuvois is required. You agree to review these
documents regularly as there may be modifications. Nuvois may
also make changes to the Website, Materials, and/or Services
at any time without notice

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