USER TERMS OF ACCEPTABLE USE, RIGHTS AND OBLIGATIONS AGREEMENT

Effective 2015

Definitions

“Site user”: that party who has directed his or her web browser to the Pay Tel website and its domain, thereby downloading it onto his or her computer. A site-user can be an individual person or an agent. A site-user must be an individual over the age of 18 for the purposes of these terms of use, rights, and obligations, site-use license, and privacy agreement.

Website: www.paytel.com

Parties

“You,” are the Site-User.

“Us”/”We,” is Pay Tel Communications, Inc. (“Pay Tel”)

Scope

These User Terms of Acceptable Use, Rights and Obligations Agreement (“Terms of Use”) apply to this website and the entire domain associated thereto. These Terms of Use, in particular, are an addition to, and do not override, the specific terms and conditions that apply to the services offered by Pay Tel otherwise available and as available through this website. To the extent that they may disagree, the terms that govern the specific transaction between you and Pay Tel will apply.  By using this website, you are consenting to be bound by these Terms and Pay Tel’s Privacy Statement. If you do not agree to all of the Terms and Privacy Statement, you should not use this website and must leave it immediately. Pay Tel reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of this site following any such change constitutes your unconditional agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this website.

General Terms of Use, Obligations

Clicking “I agree” below constitutes acknowledgement of, acceptance of, and consent to the terms of these Terms of Use.

Clicking “I agree” below also constitutes, in particular, acknowledgment of, acceptance of, and consent to the disclaimers of warranties, limitations of liability, and indemnification arrangements specifically outlined below as well as your consent to arbitration and waiver of your right to bring any action in court, to have a jury decide your claim or to bring any claim as part of a class action.

Clicking “I agree” below also constitutes acknowledgement and acceptance of the terms of the Privacy Policy contained in this website, thereby creating a privacy agreement.

In exchange for:

•  Acknowledgement of, acceptance of, and consent to all of the Terms of Use, and

•  Acknowledgement and acceptance of the Privacy Policy

The Site-user is granted a fully-revocable, non-exclusive, and non-transferable license to use this website within the confines of both the Terms of Use and the Privacy Policy.  Any rights not expressly granted in these Terms are reserved to Pay Tel.

Clicking “I agree” below constitutes the indication of your electronic signature, thereby creating a valid and legally enforceable contract.

Additional Terms, Conditions, and Obligations of Use by the Site-User

Pay Tel will comply with and is bound by all applicable laws and regulations that pertain to this site, to include those laws specific to users in the State of North Carolina. By use, you agree to be bound in such use of the website to the same laws and regulations, if applicable.

You agree to provide true, accurate, current and complete information when registering with our website. It is your responsibility to maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account with or without notice and to refuse any and all current and future use of this website.

You agree to defend, indemnify and hold harmless Pay Tel, and its affiliates, officers, shareholders, and agents, from all claims, losses, liens, expenses, suits, and attorneys’ fees for any damages of any kind, including, without limitation: any special, consequential, incidental, or indirect damages to any person or entity that may in any way arise out of or result from or in connection with your use of this website or any of the information or other resources provided by or through this website.

You agree to defend, indemnify and hold harmless Pay Tel, and its affiliates, officers, shareholders, and agents, in the event that your use of this website or any of the information, forms, or other resources provided by or through this website:

• constitutes a violation of any applicable law or regulation (including, without limitation, copyright and intellectual property laws)
• is unfair, fraudulent, or deceptive, or
• is intended to threaten, harass, intimidate, or defame any person or entity.

You agree that any use of this website is for your own personal, non-commercial use.

In using this website, you agree to accept all information, documents, communications, files, text, graphics, software, and products that communicate to your computer.

You may not hyper-link, “hot link,” or otherwise effect the connection or association of this website to any other website or web domain without the express and written consent of Pay Tel. Such consent will and must be accompanied by a separate and written agreement with its own terms and conditions.

Should you provide any billing information to Pay Tel by or through this website, to include, but not limited to: credit card numbers/information, check card numbers/information, checking account routing/account information, or any other means for payment, you agree that you are responsible for any and all use of such information by any party for the purchase of services provided by Pay Tel. Further, you agree to hold harmless Pay Tel, and its affiliates, officers, shareholders, and agents, from all claims, losses, liens, expenses, suits, and attorneys’ fees for any damages of any kind, including, without limitation: any special, consequential, incidental, punitive, or indirect damages to any person or entity that may in any way arise out of or result from or in connection with the unauthorized use of such payment information, and that your only remedy, should there be one, is with your issuing financial institution upon its contract terms with you.

By supplying contact information to Pay Tel, you agree that Pay Tel may contact you by telephone, electronic mail, or text message even if you are listed on any federal or state “Do Not Call” registry, about any application for any service through this website, the status of any such application, any alternatives available to you in the event your application is rejected, and any and all other services or relevant communications that, in the sole judgment of Pay Tel, are necessary to provide or prevent providing any Pay Tel service.

Specific Prohibitions

You are prohibited from interfering in any way, form, or fashion with the function of, the information contained in, the configuration of, and the purpose for the website.

You are also prohibited from using this website for any and all illegal or improper purposes (as solely defined by Pay Tel). Pay Tel will exercise all its legal recourse available, to include, prosecution under the Federal Computer Fraud and Abuse Act.

You are prohibited from inserting any false, fraudulent, indecent, or obscene information into any form provided for data entry, and that your usage will comply with all requirements of North Carolina and federal law.

Disclaimer of Warranties

ALL INFORMATION, FORMS, AND ANY AND ALL OTHER RESOURCES AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Pay Tel HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:

• WARRANTIES OF MERCHANTABILITY
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF LEGAL EFFECT, ACCURACY IN OMISSION OR EXPLICIT REFERENCE, APPROPRIATENESS, COMPLETENESS, AND NON-INFRINGEMENT

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT OR USE OF THE WEBSITE. PAY TEL MAKES NO REPRESENTATION AND DOES NOT WARRANT THAT ITS WEBSITE IS VIRUS OR SPYWARE FREE OR THAT THERE IS ANY OTHER TYPE OF MALICIOUS PROGRAM INSERTED INTO THE WEBSITE.

Limitation of Liability

You agree that the total aggregate monetary liability of Pay Tel arising out of your use of this website may never exceed the total price paid to Pay Tel for its services.

IN NO EVENT SHALL Pay Tel, OR ITS AFFILIATES, OFFICERS, AGENTS, OR SHAREHOLDERS BE LIABLE FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE WHATSOEVER ARISING OUT OF YOUR OR ANY THIRD PARTY USE OF OR INABILITY TO USE THE INFORMATION, FORMS AND ANY AND ALL OTHER RESOURCES PROVIDED ON OR THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION:

• ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, OR
• ANY DAMAGES FOR LOSS WHETHER IN TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, CONTRACT OR OTHERWISE) OF INCOME, PROFITS, GOOD WILL, DATA, CONTRACTS, USE OF MONEY, LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, OR LOSS OF INFORMATION

YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

THIS LIMITATION OF LIABILITY IS FULLY INTEGRATED AND AGREED TO BY AND THROUGH USE OF THIS WEBSITE EVEN IF Pay Tel HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

These limitations apply regardless of the failure of any essential purpose of any limited remedy.

Statement Concerning Intellectual Property, Copyright and Trademark

All copyrights are owned by Pay Tel. You may make a copy of any or all of the material posted on this website and web domain but only for personal use, and if you so do, then you must include all copyright and trademark markings included on the webpage.

All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the website constitutes trade dress and is the property of Pay Tel. The trade dress of Pay Tel is protected by trade dress and other laws, and it may not be copied or imitated in whole or in part. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell any information or software obtained from this website, nor may any logo, graphic, sound or image derived of the website be copied or imitated except by prior written agreement with Pay Tel.

The absence on the website of a Pay Tel service name, slogan, or logo does not constitute a waiver of Pay Tel’s trademark or other intellectual property rights relating to such name or logo.

Legal Redress for Grievances

You agree that any dispute arising out of use of this website shall be resolved, at the sole discretion of Pay Tel, by means of alternative dispute resolution, the type of which and time of which to be determined at the sole discretion of Pay Tel. Any and all efforts to redress grievances in any other manner, to include filing with any court, shall be rendered null and void. You agree to give up your right to go to Court to assert or defend any right as against Pay Tel. You also give up your right to participate in or bring class actions.

If Pay Tel is the prevailing party, Pay Tel shall be entitled to recover its costs of the alternative dispute resolution vehicle so chosen, and the costs of any related judicial proceeding, including reasonable attorney’s fees.

If an arbitration proceeding is chosen, then the dispute shall be finally and exclusively settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures in effect at the time of Pay Tel’s election for arbitration, and judgment on the award may be entered in any Court having competent jurisdiction. The arbitration shall be held before one arbitrator in Greensboro, North Carolina. The arbitrator shall not have the power to award damages in connection with a dispute in excess of the actual compensatory damages. The arbitrator shall not multiply actual damages or award consequential, punitive or exemplary damages. A decision by Pay Tel to elect arbitration as the means for redress of grievances shall not be an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Choice of Law/Venue

Any and all legal or equitable issues, claims, or otherwise shall be subject to the laws of the State of North Carolina, and to the extent not covered by arbitration may only be brought in federal or state courts located in Greensboro, North Carolina. By accepting this agreement you consent to personal jurisdiction in Greensboro, North Carolina.

Any such issues, claims, or otherwise, are subject to a 90 day Statute of Limitations, to be measured from the date and time of use of this website. You agree that beyond those 90 days, any and all claims, in law or in equity, are null and void.

Reservation of Rights

Any rights not expressly granted in these Terms of Use are reserved by Pay Tel, and Pay Tel reserves the right to seek all remedies available to it for any violation of these Terms of Use.

Severability, Construction and Integration

The terms and conditions of the Terms of Use and the Privacy Policy, and granting of a license shall be construed as fully and totally integrated. Any and all other agreements, whether oral or in writing, are superseded by this agreement.

These Terms of Use and the Privacy Policy shall be deemed and interpreted as having been drafted equally by both parties to them.

If any provision of the Terms of Use or the Privacy Policy is found to be invalid, the remaining terms and conditions are to be construed as valid, construed as to apply to the parties, and construed consistent with one another.

Agreement and Binding of Legal Contract

By clicking “I agree” below, you state, as a legal matter, the following:

• I have read and understand all of the terms of the Terms of Use and the Privacy Policy.
• I hereby affirm that I acknowledge, acceptance, and consent to the terms of the Terms of Use.
• I hereby acknowledge and acceptance the terms of the Privacy Policy.
• I hereby attest that I am over the age of 18.