This privacy policy discloses the privacy practices for Advanced VoIP Solutions and advancedvoipsolutions.com. This privacy policy applies solely to information collected by this web site. It will notify you of the following:
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Contact forms
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 325-672-2422 or via email at support@advancedvoipsolutions.com.
Terms of Service
This website is operated by Advanced VoIP Solutions. Throughout the site, the terms “we”, “us” and “our” refer to Advanced VoIP Solutions. Advanced VoIP Solutions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Advanced VoIP Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Advanced VoIP Solutions and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – REFUND POLICY
Return & Refund Policy
Thanks for shopping with Advanced VoIP Solutions. If you are not entirely satisfied with your purchase, we’re here to help.
Returns – You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
Refunds – Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within 30 days, depending on your card issuer’s policies.
Shipping – You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Contact Us If you have any questions on how to return your item to us, contact us @ 325-672-2422 or info@advancedvoipsolutions.com.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 7234 US Highway 277 S Bldg B Abilene, TX 79606, United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@advancedvoipsolutions.com.
Terms of Service, End User License Agreement for The Services Provided
These Terms of Service (the “TOS”) constitute the entire agreement between Advanced VoIP Solutions (“AVS”) and you on behalf of yourself and any entity that you represent (“You”), as the user of AVS’ voice and advanced communications services, collaboration services, and any associated software and hardware or web-accessible portals, including the Services. This TOS governs Your use of the Services provided by AVS. These TOS were previously known as the End User License Agreement and Terms of Service; any references to the “End User License Agreement” or the “EULA TOS” in any AVS publications, notices, or agreements refer to these TOS.
There are important 911 terms related to Your VoIP services, please review the entire TOS. By activating the Services, You acknowledge that You have read, understood and agree to these terms and conditions. If You are uncomfortable with the limitations of the AVS 911 service, You should consider using an alternative means of access to traditional 911 or E911 services or discontinuing the Services. By subscribing to or using Services, including those services, features or functionality provided by means of mobile applications, or by downloading, installing, or using any associated software or hardware, You agree to these TOS. If You do not wish to accept these TOS, do not subscribe to or use any Services or associated software or hardware.
When You accept these TOS by signing up for, subscribing to, downloading and installing any AVS software or using the AVS Services, You represent and warrant that: (i) You possess the legal right and capacity to enter into the agreement with AVS and to perform all of Your obligations thereunder; (ii) You are of legal age to enter into this Agreement; (iii) You have full power and authority to execute and deliver any agreement documents and to perform all of Your obligations thereunder; (iv) if You accept on behalf of an organization, You are informing AVS that You are authorized to bind that organization, and references to “You” in these TOS expressly includes without limitation the entity You represent; and (v) You shall be bound by the agreement. Any capitalized terms set forth below not otherwise defined have the meanings set forth in Section 24 (“Definitions”) below.
Operations and Limitations of the AVS 911 Service
AVS provides access to emergency calling services, allowing AVS Office users to access either basic 911 or Enhanced 911 (E911) service. Your access may differ depending on Your location or the device You are using, and emergency calling services work differently than You may have experienced using traditional wireline or wireless telephones. It is strongly recommended that You have an alternative means for placing emergency calls available at all times. AVS Users using IP Desk Phones can dial 911 directly from their IP Desk Phones. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES.
Service Subscription
Pursuant to these TOS, You are purchasing a subscription for the Services set forth in Your initial Order, and agreeing to use and pay for the same as set forth in these TOS for the entire period in the initial Order (the “Initial Term”), and any Renewal Terms, as applicable. You agree to be financially responsible for Your use of the Services, including the authorized or unauthorized (fraudulent) use of Your Account. In order to use the Services, You must have properly configured and working Internet service or broadband connection. AVS does not provide any access to the Internet. If you have any concerns about the reliability of your internet connection, or your network infrastructure inside your location(s) (i.e., data cabling), please discuss this with your account representative. They can advise you on the best steps to remedy those issues. You can also discuss a cellular backup connection with your account representative — this would provide redundant internet in the event your primary connection goes down. Also, you must provide AVS with information regarding all users, including first and last name, and e-mail address. The designated Account Administrator of your account has certain rights to make a change regarding your AVS account.
Purchase of Additional Resources
Your Services may include Resources as set forth in the applicable Order. Account Administrators (who works for You and is designated by You) may purchase additional Resources for the applicable Account at any time.
Term and Renewal Terms
Your license to the Services is provided for the Initial Term and any subsequent Renewal Terms.
Equipment
All IP Desk phones and/or equipment related to IP Desk phones, including but not limited to, handsets, headsets, software installed on or related to those devices, and any other product directly related to IP devices, shall be provided to the AVS customer by either AVS or a third-party vendor. Unless expressly and explicitly communicated to You by AVS, AVS shall retain ownership of all equipment, including and especially the phones.
Customer Security Policy
You agree that You are responsible for all Password Information that You or any End User use with the Services.
You agree to protect all End Points using, at minimum, generally accepted security measures.
You acknowledge that some Services security features may require activation or installation of software or firmware updates, and software may be de-activated or uninstalled. You agree to promptly download and install all updates to software and/or hardware or firmware used in conjunction with the Services.
You acknowledge and agree that End Users You designate as Account Administrators may have the ability to make purchases and enter into transactions on Your behalf and/or to perform acts related to Your Services, or Your Account, including any individual line or extension or ancillary services. You acknowledge that your Account Administrator will not make any changes that affect the services as to make them unusable.
IP Network Limitations
AVS’ service requires certain minimums regarding IP network connections. It also has certain limitations. AVS is not liable for any unavailability, interruption, or underperformance of the Services related to Your IP network or connection.
IMPORTANT INFORMATION: If Your IP network or connection fails, Your Services will also fail. Your Services may cease to function if there is a power cut or failure. These failures are outside of AVS’ control.
Caller ID Display Limitations and Compliance
You acknowledge and agree that the disclosure and/or display of information related to the origination of calls, messages, and other communications (including without limitation “Caller ID” information) may be subject to legal requirements, including without limitation those related to the accurate display of such information or the enforcement of certain privacy instructions, settings, etc. You agree to comply with all such applicable Laws and implementing regulations, including without limitation the Truth in Caller ID Act. Display of inbound Caller ID is outside of AVS’ control and is displayed as received from the caller’s carrier (mobile or otherwise). If there is only a city and state, then that is what the carrier has given AVS.
You acknowledge and agree that any voice-to-text or text-to-voice transcription or articulation services are not 100 percent accurate. AVS is not responsible for any losses or costs due to failure to read (or listen to) original content.
AVS does not guarantee or make any representation or warranty that any IP Desk Phones and/or other equipment related to IP Desk Phones which are not purchased through or supplied by AVS will work or be compatible with the Services.
The AVS Mobile Application can be configured to make or receive calls on Your 3G, LTE, 4G, or 5G network using Your data service, and may result in additional data usage fees from Your mobile service provider.
YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT DESIGNED TO PREVENT ANY INJURY OR DEATH. YOU NOR YOUR END USERS WILL USE THE SERVICES FOR ANY ILLEGAL, ABUSIVE, OR IMPROPER BEHAVIOR, OR BEHAVIOR THAT PREVENTS AVS’ ABILITY TO PROVIDE HIGH QUALITY SERVICES TO OTHER CUSTOMERS.
You represent and warrant that all use and Usage of the Services, and Your Account(s), will at all times comply with all applicable Laws, including but not limited to the rules, policies and regulations of the Federal Communications Commission (“FCC”) or the Canadian Radio-Television and Telecommunications Commission (“CRTC”), as applicable, and all Laws relating to calling and telecommunications services will be followed.
Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – are regulated in the United States by the Federal Telephone Consumer Protection Act of 1991.
There are certain restrictions regarding using AVS services in Embargoed Areas.
Certain features of the Services may allow You or users of the Services to record calls or other communications. Depending on your location and industry there may be restrictions or liabilities regarding call recording.
Number Policies
Number Availability
AVS may make available telephone and/or facsimile numbers for Your selection and assignment to Account(s). You acknowledge and agree that AVS’ listing of a number may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment, as another entity may purchase that number at any time. AVS shall be authorized to remove such number from an Account in the event that it is not actually available.
Number Porting Policy
Number porting, whether in or out, is a fluid and complex process. AVS does not promise and is not liable for activation dates of ported numbers, as this is up to the losing carrier.
Charges and Plans
Please note that all prices, Taxes, surcharges, and fees are subject to change at any time, except to the extent such charges are set by agreement between You and AVS for a specified term (your quote and contract length).
Billing and Payment
Service Fees
The initial Order sets forth the base recurring fees for the Services and the number of minutes of inbound Usage of any toll-free number(s) assigned to an Account, if any, that are included in the Services Fees for each monthly billing cycle. Any applicable initiation charges, monthly recurring charges, support charges, Taxes, and other fees are billed in full in upon the date of install. Termination, Usage, international minutes, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Account Credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused Account Credits.
Taxes and Fees
All fees for Services advertised or otherwise listed on the AVS website are exclusive of any Taxes. Exclusive of taxes, there are fees mandated by the FTC, FCC, and some state, county, international, provincial, or local city entities that You must pay.
Late Fees
You agree and acknowledge that time is of the essence for payment of all fees and charges. Any fees or charges not paid when due shall incur a late fee. AVS’ acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as “Paid in Full,” “Accord and Satisfaction,” or similarly) shall not waive, limit, or prejudice in any way AVS’ rights to collect any amount due. AVS may terminate the Services these TOS for non-payment if any fees or charges are not paid within thirty (30) days of the due date.
Form of Payment
All fees and charges are payable to AVS by ACH, Wire or credit card or debit card. You agree to be liable for a processing fee in the amount of the lesser of: (i) fifty dollars ($50.00); or (ii) the highest amount allowed by Law for any credit card chargeback or other payment returned for nonpayment. AVS reserves the right to assess a credit card processing fee if that is deemed necessary. All invoices will be e-mailed to the e-mail address You provide. If you need or want invoices mailed to You, a five dollar ($5) charge will be added to your monthly bill.
Disputed Amounts
You will waive the right to dispute any billed amount if You do not dispute such amount within thirty (30) days of the date of its billing.
Data Privacy, Access, and Retention
Data Privacy
The Parties acknowledge and agree that: (i) AVS’ role with respect to any personal identifiable information You or Your End Users transmit, receive, and/or store through the Service (“Customer Personal Information”) is governed by the AVS Privacy Notice.
Access to Data
You and Your End Users can obtain any stored Customer Communications, Customer Personal Information or Account Data with Your login credentials in the relevant AVS Administrative or Customer Portal. There are various policies that both allow and govern AVS’ and third-party affiliates access to certain data associated with Your account. You acknowledge and agree to them.
For the avoidance of doubt, except as provided herein or required by Law, AVS is not obligated to: (i) determine, prove, or disprove any fact or claim; (ii) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding; (iii) substantiate any party’s compliance with any Law or Legal Process; (iv) respond to or comply with any request or demand; (v) identify any party; or (vi) conduct any surveillance.
Export of Data
You acknowledge and agree that: (i) any stored Customer Communications, stored Customer Personal Information or Account Data, or other information or materials that You export will not be under AVS’ control and will not be subject to or protected by AVS’ security controls. Linking or integrating Your Services or Accounts(s) to or with any external service, environment, account or repository (including without Dropbox, Box, Google Drive™, and OneDrive®) constitutes such exportation and AVS shall have no responsibility for, and makes no representation or warranty regarding, the security, privacy, or functionality of any such linked or integrated external service, environment, account or repository.
Release
You hereby release, discharge, and hold harmless AVS from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section entitled “Treatment of Customer Communications, Content, and Account Data.”
AVS and HIPAA
If you believe your account will be subject to HIPAA, you should have already discussed this with your Account Representative — you and AVS should have a Business Associates Agreement (BAA) in place. If you have not discussed this with AVS, do so now.
Release
You hereby release, discharge, and hold harmless AVS from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section entitled “AVS and HIPAA.”
Account Disputes
The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with AVS. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation.
Account Disputes
You agree that in no event shall AVS be obligated to – and in no event shall You request that AVS – participate in or act as the arbiter, adjudicator, or intermediary with respect to any claim or dispute relating to the ownership or control of Your Account or Services.
Access to Account Data or Customer Communications
As permitted or required by Law, AVS may access, monitor, use or disclose Your Account Data, Customer Communications, and/or Customer Personal Information for the purposes including but not limited to (i) comply with the Law or respond to lawful requests or legal process; (ii) protect the rights or property of AVS, AVS’ agents, AVS’ Affiliates, AVS’ customers, and other third-parties including to enforce AVS’ agreements, policies and terms of use; (iii) respond to emergencies; (iv) initiate, render, bill, and collect for services; or (v) facilitate or verify the appropriate calculation of Taxes, fees, or other obligations due or pursuant to a local, state, provincial, federal, or foreign government requirement.
Release
You agree to release, discharge, and hold harmless AVS from and against any and all liability relating to or arising from their acts or omissions related to any Account Ownership Dispute or in seeking to comply with any Law or any Legal Process.
Customer Support and Feedback
If You have a customer support issue, You may open a case with AVS Support via AVS’ web site or by phone. Any End User contacting Customer Care may be required to provide certain verifying information (e.g., the answer to a security question on file) to receive support. AVS may limit the level of support that it will provide or scope of information that it will disclose or confirm to any inquiring End User based on the scope of his or her Account rights or permissions.
Basic Customer Support Services
AVS will make basic customer support available to its customers via its call center, which will be available to attempt to resolve technical issues with and answer questions regarding the implementation or use of the Services. Basic customer support services will first be conducted remotely, and you hereby grant access to AVS to any and all necessary equipment to conduct customer support with regards to the services. AVS shall perform on-site support in the event that it is necessary to maintain the services. AVS has no obligation hereunder to perform, any of the following: (i) implementation of any software or hardware; (ii) configuration of any device not related to the services; (iii) dedicated representative support; or (iv) network or third party equipment support.
From time to time, AVS may send its customers surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant AVS, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to AVS in response to any such requests.
Service and Promotional Communications and Publications
Erroneous Product Information
In its marketing, advertising, offering, and sale of the Services, AVS attempts to describe the Services as accurately as possible. Nevertheless, AVS does not warrant that any such information about Services, including related software and hardware, is accurate, complete, reliable, current, or error-free. It is possible that such may be inaccurate or out-of-date, such as listing erroneous or out-of-date pricing information or referring to services or features that are no longer available. Such information is provided only for customers’ convenience and is not part of these TOS. AVS’ total obligation shall not exceed the Services value concerning such errors, omissions, or offerings.
AVS Communications
You agree that AVS may send, or have sent, to You, Account Administrators, contacts, and/or End Users Service Communications, and Marketing Communications. You hereby consent to AVS’ distribution of Service and Marketing Communications in accordance with this Sub-Section 15(B) entitled “AVS Communications”. In the event that You or any End User provides AVS with any feedback, answers, ideas, comments, or other information in connection with any of the foregoing communications, You hereby grant AVS a perpetual, irrevocable, unlimited, worldwide, fully-paid up, royalty free right and license to use the same.
Directory Listing Service
You acknowledge and agree that in the event that You subscribe to the AVS directory listing service, the information that You provide in connection with such subscription (i) may be used or reproduced by, or disclosed to, third-parties and otherwise made publicly available, (ii) AVS may not be able to have such information or listing removed, altered, updated, or corrected, and (iii) You and End Users may receive calls, messages, mailings, and other communications from third parties as a result of Your participation in the AVS directory listing service. (iv) Third party directory services, phone books, online listings, or other directory services are responsible for pulling information from the data we provide and AVS’ responsibility is to accurately supply those parties your data. AVS has no control once You are listed in a public directory listing. You hereby release, discharge, and hold harmless AVS from and against any and all liability relating to or arising from any publication or listing of information, or omission from same in connection with Your subscription to the AVS directory listing service and any third party’s use of the same.
Copyright Infringement
Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) upon good faith belief that copyrighted content transmitted via AVS is infringed, the copyright owner or its agent may send AVS a notice requesting removal of the infringing content or blocking access to it. Also, the DMCA allows a party against whom a notice of copyright infringement has been filed to submit a counter-notice. Notices and counter-notices must meet the then-current statutory requirements implemented by the DMCA. Notices and counter-notices may be sent to AVS’ postal address or optionally our email address.
Any notice or counter-notice must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. Parties should seek the advice of legal counsel before submitting a notice or counter-notice. Upon receipt of the notice, AVS may make a good faith attempt to transmit the notice to the party who has transmitted or received the allegedly infringing copyrighted work, and to transmit any counter-notification to the complaining party. AVS may, at its sole discretion, suspend, terminate, or disconnect access to and use of the Services or Account if it is deemed that such party has engaged in more than one instance of copyright infringement.
End User License and Restrictions
Limited License
AVS grants You and Your End Users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resalable license to use the software and hardware provided in conjunction with the Services during the Term in strict accordance with these TOS and solely for Your own internal business use. In the event of any expiration or termination of your subscription to the AVS Services or termination of pursuant to these TOS, all license rights granted herein or in connection with any software or hardware provided under these TOS, immediately terminate. All rights not expressly granted herein are reserved and retained by AVS and its licensors, and no IP Rights or other rights or licenses are granted, transferred, or assigned to You, any End User, or any other party by implication, estoppel, or otherwise. You acknowledge that misuse of the Services may violate third party IP Rights.
AVS’ IP Rights
You agree that all rights, title and interest in and to all Intellectual Property in the Services, any software or hardware used in conjunction with the Services, and any materials provided in connection with the Services are owned exclusively by AVS or its licensors.
Use and Disclosure of Intellectual Property
You represent, warrant, covenant and agree that You shall not disclose or use any of the Intellectual Property in the Services. You further represent and warrant that neither You nor any End User shall reverse engineer, disassemble or decompile any prototypes, software or other tangible object which embody AVS’ Intellectual Property.
New Versions of the Software
AVS, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to the Services without notification to you.
Publicity Rights
You agree that AVS may identify You as a user of the Services in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, tradeshows, other promotional materials, on AVS’ website, or any other third-party website where AVS or its designated agents may promote the Services. You hereby grant AVS and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
Change
Service Changes
You understand and agree that AVS may, without prior notice to You, make upgrades or changes to the Services which will not materially diminish the functionality of the Services.
Future Changes to these TOS
We may change the terms of these TOS from time to time upon delivery of electronic or written notices to You. AVS generally provides written notice of changes to Your account, including these TOS and any other legal agreements on the AVS Website, or as otherwise required by applicable Law. You agree to carefully read and review these TOS. Subject to applicable Law, the modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of these TOS and become binding on You on the later of the date they are posted on the AVS website (www.AdvancedVoIPSolutions.com) or as otherwise indicated in the notice to You. You agree that You are solely responsible for: (i) making sure that Your registered email account is current and functional: (ii) checking Your registered email account regularly; (iii) checking the AVS Website and Your Account page regularly; and (iv) making sure that AVS communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, or for any other reason. Continued use of the Services will constitute Your acceptance of the modified terms. If the terms of these TOS are amended and You do not wish to accept the modified terms, You may terminate these TOS as provided for in Section 19 entitled “Termination”.
Promotional Services
You acknowledge and agree that in the event that AVS offers or provides You discounts or promotional services for Your Services or an Account, AVS may terminate or modify the scope of such promotional services at any time without notice.
Termination
Month-to-month Customers
For month-to-month customers, You may cancel or terminate Your use of the Services with or without cause at any time by calling customer service, subject to the restrictions and fees provided in these TOS, and any additional agreements governing the products or services.
Contract Customers
For contract customers, You are purchasing the Service for the full length of the applicable Term. You have thirty (30) days from the date of purchase for a prorated refund. After thirty (30) days, if You terminate the Services prior to the end of Your Term, subject to applicable Law, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, Taxes, and fees, including any applicable disconnection fee. You will not be entitled to a refund. You also must return all hardware owned by AVS at Your expense.
Generally
You understand and agree that AVS may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to the Services if:
I Breach AVS determines or reasonably suspects that You have materially breached these TOS;
II CC Fraud AVS determines that You have used a fraudulent credit card to pay for Service charges on Your Account;
III Abuse AVS determines that You have verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives;
IV Compliance You did not or will not reasonably comply or cooperate with any applicable Law or regulation, or AVS is made aware of allegations of the same;
V Court Order AVS is ordered by law enforcement or other government agencies to suspend or terminate Service to Your Account;
VI Suit You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against AVS, or participate in any class action lawsuit against AVS;
VII Bankruptcy Except to the extent prohibited by applicable Law, You file a petition in bankruptcy or if a petition in bankruptcy is filed against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over any of Your relevant property;
VIII Protection AVS determines that such action is necessary to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect AVS, its customers, or other third parties affiliated with AVS; or for any other good cause;
IX Violation You violate applicable Law; or
X Intent As otherwise contemplated by these TOS.
Upon any termination or suspension of Your Account, AVS may immediately deactivate or delete Your Account and restrict further access.
AVS shall not be liable to You or any third party for any reason for terminating or suspending Your use or access.
If You or AVS terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Account Credits, or other amounts paid.
30-Day Cancellation for New Purchases
You may cancel any services purchased under this Agreement with written notice to AVS within thirty (30) days of the date in which the purchase becomes effective. In the event of a timely cancelation, Customer shall not owe any fees or charges for the services being canceled in respect of any period subsequent to the date of such written notice (except those arising from continued Usage), and shall be entitled to a pro-rata refund of any prepaid and unused fees for the services subject to the cancelation. Some Fees or Services are used immediately (ie. Porting charges) and are not prorated. All purchases are final after 30 days.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AVS MAKES NO WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, AVS SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY PRODUCT WILL MEET ANY PARTICULAR REQUIREMENTS; (ii) THAT ANY PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) RELATING TO THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF YOUR OFFICE PLAN, ANY ACCOUNT, OR ANY PRODUCT OR ANY CUSTOMER COMMUNICATIONS, DATA, INFORMATION, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE FOREGOING. THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT AVS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT AVS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Limitation of Liability
Consequential Damages
IN NO EVENT SHALL AVS BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT, COVER, OR SUBSTITUTION GOODS OR SERVICES; LOSS OF USE, DATA, EQUIPMENT, PRODUCTS, BUSINESS OPPORTUNITIES, OR PROFITS; INTERRUPTION OF BUSINESS; TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO; OR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, REPUTATIONAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF AVS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN — SUCH COSTS, LOSSES, OR DAMAGES.
Direct Damages Cap
EXCEPT AS SET FORTH BELOW, AVS’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE SERVICES FEES PAYABLE HEREUNDER DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SUB-SECTION DOES NOT APPLY TO: (i) LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (ii) YOUR LIABILITY ARISING FROM YOUR ACTUAL OR ALLEGED BREACH OF SECTIONS “OPERATION AND LIMITATIONS OF THE AVS 911 SERVICE”, “USE POLICIES”, “NUMBER POLICIES”, OR “CUSTOMER SECURITY POLICY” OF THESE TOS.
Scope and Exceptions
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 21.B. (Direct Damages):
I Extent SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
II Limit SHALL NOT DISCLAIM, LIMIT, OR CAP CUSTOMER’S OBLIGATION TO PAY ANY FEES OR CHARGES OR OTHER AMOUNT OWED TO AVS OR ANY DAMAGES TO WHICH AVS IS ENTITLED UNDER APPLICABLE LAW FOR INFRINGEMENT OF IP RIGHTS,
III Risk REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND
IV Survival SHALL SURVIVE TERMINATION OR EXPIRATION OF THE SERVICES AND APPLY IN ANY AND ALL CIRCUMSTANCES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
To the maximum extent permitted by applicable Law, You shall indemnify and hold harmless, individually and collectively, AVS, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the “Indemnified Parties”) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees and dispute resolution expenses) arising from or related to: (i) the use of or reliance upon the Services by You or any third party acting with Your permission, knowledge, authority or direction; (ii) a breach of these TOS by You, or any End User; (iii) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction; (iv) the inability to use the Services or failure or outage of the Services for any reason, including but not limited to those related to calling, “911” or other emergency responders; (v) the use of the Services in connection with a violation of any applicable law, code, regulation, or ordnance; or (vi) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and personality.
Relationship of the Parties
The Parties’ relationship under these TOS is that of independent contractors. Neither Party shall have the authority to bind or obligate the other Party in any way.
Notices
Notices to You shall be effective on the date sent to Your registered electronic mail address. You are responsible for notifying AVS of any changes in Your contact information.
Written notice to AVS shall be effective when directed to AVS’ Legal Department and received at AVS’ then-current address as posted on AVS’ Website, available here. Your notice must specify Your name, Account information, and security verification question and answer. All notices from You to AVS must be made in electronic writing.
Force Majeure
Excluding either Party’s payment obligations under the Agreement, neither Party shall be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that Party’s reasonable control, including without limitation any act of God; national emergency; riot; war; terrorism; governmental act or direction; Laws; breach, delay, act, or omission of any supplier, carrier, contractor, subcontractor, or business partner; failure, outage, or unavailability of third party network(s) or system(s); fiber, cable, or wire cut; power outage or reduction; rebellion; revolution; insurrection; criminal acts of third parties, earthquake; storm; hurricane; flood, fire, or other natural disaster; or strike or labor disturbance (each a “Force Majeure”). In the event that a Force Majeure prevents a Party’s performance for more than forty-five (45) consecutive days, either Party may terminate the particular agreement document(s) impacted.
Third Party Beneficiaries
Nothing in these TOS, express or implied, is intended to or shall confer upon any person or entity other than the Parties themselves any right, benefit, claim, or remedy as a third party.
Choice of Law
These TOS and Your use of the Services shall be governed by and construed under the laws of the State of Texas and the United States without regard to its conflict of law rules.
Dispute Resolution and Optional Arbitration
In the event of any dispute, claim, question, or disagreement between You and AVS (“Dispute”), You and AVS shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of AVS’ legal department (or other representative of AVS designated by the legal department) shall consult and negotiate with each other in good faith. Neither You nor AVS shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
In the event of any litigation (including arbitration) between You and AVS, the non-prevailing party shall reimburse the prevailing party for all reasonable and documented attorneys’ fees, costs, and expenses relating to the Dispute.
Venue
You agree that any Disputes shall be adjudicated in the state and federal courts of the State of Texas, U.S.A. Venue for any Disputes shall be the court of proper jurisdiction in the City Abilene and County of Taylor, Texas. You agree to submit to the exclusive jurisdiction of such courts with respect to any Disputes and agree not to bring any Disputes in any other court or adjudicative body. You hereby consent to venue and personal jurisdiction in such courts with respect to such Disputes and irrevocably waive any right that You may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Equitable Relief
You agree that any breach of AVS’ IP Rights will cause AVS irreparable harm for which monetary damages will be inadequate and AVS may, in addition to other remedies available at Law or in equity, obtain injunctive relief without the necessity of posting a bond or other security, proof of damages, or similar requirement.
Class Action Waiver
Any actions or lawsuits shall be conducted solely on an individual basis and the Parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity.
No Waiver
In no event shall any failure or delay by AVS to: (i) assert or exercise any right; (ii) demand fulfillment or performance of any obligation; or (iii) avail itself of any remedy under these TOS, in whole or in part, be deemed a waiver of any right or remedy under these TOS on such occasion or any other occasion.
Interpretation
These TOS, including the documents incorporated herein, constitutes the entire agreement between You and AVS with respect to the Services and supersedes all prior or contemporaneous understandings regarding such subject matter.
The failure of AVS to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or any other provision.
The section titles in these TOS are for convenience only and have no legal or contractual effect.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records.
Assignment
Either party may assign these TOS and any of its rights and obligations hereunder with the other party’s prior written consent (which such consent shall not be unreasonably withheld), except that AVS may, without notice, assign the TOS and all of AVS’ rights and obligations hereunder to: (i) an affiliate; or (ii) AVS’ successor or surviving entity in connection with a merger, acquisition, consolidation, sale of all or substantially all of its assets, or the transfer or disposition of more than fifty percent (50%) of a AVS’ voting control or assets. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, these TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
Severability
If any provision or portion of the Agreement is determined to be invalid, unlawful, illegal, void, or unenforceable, in whole or in part, then (i) that provision or portion shall be construed in such a manner as to render the provision or portion enforceable and, to the extent possible, to reflect the Parties’ original intent and (ii) the remaining provisions and portions of the Agreement shall remain in full force and effect.
Survival
The following provisions of these TOS will survive termination or expiration of these TOS for the maximum term allowed by Law: (i) Your payment obligations; (ii) terms relating to intellectual property ownership, customer representations, confidentiality, storage of user information, publicity rights, non-disparagement, indemnification, warranty disclaimers, limitations of liability, dispute resolution and arbitration, and choice of law; and (iii) all provisions that are intended by their nature to survive termination of this agreement.
Language
The parties confirm that it is their express wish that the TOS, as well as any other documents in relation to this TOS, including notices, schedules and authorizations, have been and shall be drawn up in the English language.
Currency
All dollar amounts are expressed in United States dollars for American customers, or as agreed by the parties.