Please save or print this form as Confirmation That You Entered into This Agreement With AnswerTenant LLC.

ANSWER TENANAT TERMS & AGREEMENT FOR SERVICE?

These Terms and Conditions and their terms form a single Agreement (“Agreement”) between you (“you”, “your”, “user”, “buyer”, “subscriber” or “customer”) and AnswerTenant LLC and between the User’s employees, agents, and management, directors, and all other users of the Services. For any clarification or information required regarding the use of this website or the services which are being offered virtually as answering services, or any related product or service (“Services”_ or for any communication with SP (Service Provider), us, we or our , this disclaimer would apply.

HOW DO I REQUEST A CREDIT OR REFUND?

The customer shall forward any questions in regard to the invoice and payment within 20 days of the invoice.

(i) Making a telephone call to the company customer service department through this number (307) 205-6303

(ii) By opening a support ticket on info@AnswerTenant.com.

HOW DO I ACCEPT THESE TERMS & CONDITION?

You can accept our Terms and Conditions by taking any of the following actions:

(1) by clicking on the button ‘I agree to the given Terms and Conditions’;

(2) by providing your telephone number and using our Services upon registration.

(3) By failing to check the box that accepts our Website’s Terms and Conditions and instead, either requesting a hard copy through our Website or by telephone and then, by mailing the hard copy to us with your signature.

The following Terms and Conditions having been accepted by you constitute an Order of our services and these Conditions shall govern our relationship to the fullest extent without qualification. You accept these Terms and Conditions as a condition for access to the Site and doing so you warrant that you are over the age of 18 years or the state age of majority; and that you have legal capacity to enter into this Agreement.

If you enter into this Agreement on behalf of any partnership, corporation LLC or any other legal business entity, you acknowledge and represent that you have full legal authority and capacity to sign it with such legal entity, perform all acts necessary to make this Agreement enforceable against such entity.

DO I NEED TO BE GIVEN AFFIRMATION FOR THE ORDER THAT I HAVE PLACED?

Once you have signed on the document electronically though the electronic acceptance mechanism or verbally over the telephone, we shall notify you by email of our acceptance of your Order, details of your Service Plan and Account creation process will commence. We will also signify when we shall commence offering you with Services we agreed to offer you with. Service Provider has the right to react at any time and contact the Customer with the aim to check your Order and the provision of the Account to prevent fraud.

In the event that SP suspects placement of a fraudulent Order (even after you receive an e-mail confirming the acceptance of an order and opening your Account) we have the right to temporarily or permanently block your Service Plan. If SP has a reason to believe the Order was obtained fraudulently or if your Account is involved in fraudulent or unlawful activities SP has a right to without further notice interrupt, suspend, restrict or terminate your Account.

HOW LONG IS THE TERM OF THIS AGREEMENT?

The initial term of this Agreement begins on the date we activate Services for your Service Plan. Your Service Plan continues through the end of the initial “Contract Period” as indicated in your “Proposal For Service”. Thereafter, this Agreement will continue in full force and effect from billing period to period, until terminated by either party pursuant to the terms of this Agreement, unless otherwise specified in your Proposal For Service” in which case each subsequent renewal period will be equal to the initial “Contract Period”. SP will attempt to notify you via email and/or telephone to give you notice that your service is being terminated. SP is not responsible for business disruption or damage to your business because your Service Plan terminates.

HOW DO I PAY SP FOR SERVICES?

As part of your registration for our Services, you are required to either apply for “Credit Terms” with SP or to provide SP with a valid form of payment, such as your debit card, credit card, or banking information so that SP may collect from your bank account (“Electronic Payments”).

1. If you have selected and been approved for “Credit Terms” you will be invoiced at the end of each billing period and payment will be due according to the established payment terms. You may pay via “Electronic Payments. By selecting “Electronic Payments” you authorize us to charge or collect these Electronic Payments for your Initial Payments, your Recurring Payments, and Immediate Supplemental Service Payments, all of which are described in more detail below in Section
2. If your form of Electronic Payment is suspended. closed or denied, SP reserves the right to immediately suspend or terminate your Account. If using “Electronic Payments” you agree to advise us or update us of any changes to your debit card account, credit card account number, billing address, or expiration date. Should an Electronic Payment be declined for any reason, we will attempt to charge it again then your account will be terminated and we will notify you of such termination by email or by telephone. Notwithstanding the previous section.
3. If your Electronic Payment is declined for a charge within 90 days of the date you opened your account, your account will be canceled immediately and the phone number on your account may be unavailable until your account is reactivated. Accounts will be terminated if we are not able to confirm an order by phone and do not receive any replies from the account holder.

WHAT DOES SP CHARGE FOR ITS SERVICES?

SP charges a setup fee for each Account (your “Setup Fee”). Each billing cycle you will be charged a base fee for your Service Plan. Depending on your Plan, your Base Fee will include a flat service fee which includes the charges defined by your Service Plan and any number of included minutes, messages, or calls.

You will also be charged a rate for any additional minutes, messages, or calls. A list of services and current rates is accessible from our Site. Your Base Fee also includes regulatory and government fees, all taxes, and surcharges, including regulatory recovery fees associated with the Services provided under your Service Plan. Billable time will also include time needed for operators or other staff to provide services required by any particular call or activity.

Supplemental Services include, but are not limited to, additional minutes, messages or calls on your account, long-distance calls, call patching, automated or virtual time, and other Services. Virtual time includes but is not limited to, voicemail and call patching services. A list of services and current rates is accessible from our Site. In addition, if you use Services not covered under your Service Plan (“Supplemental Services”), you will be charged additional fees (“Supplemental Service Fees”).

Supplemental Service Fees include, but are not limited to, training fees, additional second charges, long distance, international and directory assistance charges, fees related to call forwarding, adding additional sub-accounts, updates to accounts and/or merging accounts, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Supplemental Services, collection fees including, but not limited to reasonable attorneys’ fees and costs. Supplemental Service Fees include initiation fees additional fees for optional features, add-ons, and other added products and Services.

SP reserves the right to update the Rate Schedule including changing its pricing and/or billing practices at its sole discretion. SP may introduce new products and Services at special introductory pricing. Introductory pricing may change at the discretion of SP. SP bills usage charges in one (1) second increments. A minimum base rate applies as per the terms of your Service Plan. If you anticipate an increase or spike in usage, we require you to provide us with at least five (5) business days’ notice so that we may properly staff your account.

In order to provide excellent service to all of our customers we reserve the right to limit or restrict calls and other services if they exceed the number or level of calls anticipated. You are solely responsible for collecting, filing notice of, and paying any taxes to the proper entities, based on sales, use, or other taxes required by your State County, or municipality.

WHEN WILL SP COLLECT ELECTRONIC PAYMENTS FROM ME? (WHEN WILL MY ACCOUNTS BE CHARGED?)

Initial Payment. Unless you have selected and been approved for “Credit Terms” when you accept the Terms and Conditions of this Agreement, you are authorizing us to collect an “Electronic Payment” which represents a prorated Base Fee for the balance of that billing cycle, a Setup Fee and all applicable initiation and origination fees, and taxes, surcharges and recovery fees associated with your Service Plan (the “Initial Payment”).

If on Credit Terms, Payments On or About the First Business Day of Each Billing Cycle. SP will provide you with an invoice that reflects your Base Fee for the upcoming billing cycle and accrued charges for Supplemental Services for the preceding billing cycle (not already billed pursuant to an Immediate Supplemental Service Payment). (your “Bill”). Your Bill is required to be paid by the Invoice Due Date.

If you select “Electronic Payments” you authorize us to collect an Electronic Payment on or about the first day of each billing cycle to satisfy all charges shown on your Bill. Immediate Supplemental Service Payments. SP reserves the right to invoice if pre-approved for “Credit Terms” or to collect “Electronic Payments” for any Immediate Supplemental Service Charges.

If the cost of your Supplemental Services in any billing cycle exceeds the Threshold Amount, you authorize us to immediately invoice you, if pre-approved for “Credit Terms” or to collect an “Electronic Payment” to pay for these Supplemental Services (“Immediate Supplemental Service Payment”). You authorize us to collect Immediate Supplemental Service Payments without additional notice or consent. The Threshold Amount is set by SP and may vary based on your service plan, payment history, and usage.

If the form of Electronic Payment on file is declined or otherwise suspended, SP reserves the right to terminate or suspend your Account. All payments to SP must be made in US Dollars and be drawn from a US bank.

WHAT SHALL I BE ABLE TO COMPARE IF SP WOULD ALTER THESE TERMS AND CONDITIONS, MY SERVICE PLAN OR THE RATE SCHEDULE?

SP also reserves the right to alter at any time these Terms and Conditions, the Service Plan, or the Rate Schedule of the Services (“Amendment”). Our Terms and Conditions, Service Plans, and Rate Schedule are always available for you to review on our Site by visiting https://tenantanswer.com/

If you do not agree with the conditions set in the Amendment you can cancel this Agreement with a 15 days’ written notice to us. If you further utilize the SP services after 15 days then you are bound to the Amendment terms and condition, and you acknowledge that the Service Plan of yours shall be governed by the terms of the Amendment.

SP also retains the rights to transfer, assign, delegate or otherwise convey in whole or in part, this agreement together with all its rights and obligations to a third party in connection with the sale of all or substantially all the business assets to a third party and such third party shall be bound by this agreement.

WHERE DO I GO IF I NEED TO CHANGE THE SERVICE PLAN THAT I AM CURRENTLY USING?

As soon as you get the Order Confirmation, your details will be on your file as our client and you can contact us to alter the service plan. If the Services or Accounts are used fraudulently, and you become aware of such fraud, you will be required to report it to us without any delay. The Services to your Account can be interrupted, limited, or stopped without prior notice to you in cases where Lewi complies as well as fraudulent or abusive activity.

Amiable to you is any obligation to assist us in investigating any fraud and using any prevention measures that we deem appropriate. SP also has the right to interdict access to certain international countries and locations often involved in fraudulent calls at its own discretion. You are forbidden from assigning this Agreement without our written consent.

WHAT HAPPENS IF I FAIL TO PAY MY BILL ON TIME?

Time is of the essence for payment. Therefore, if we are unable to collect your Base Fee or Supplemental Service Fee as per the terms of this Agreement on the Due Date, you agree to pay us interest at 20% of the bill amount or the highest amount allowed by law for any amounts unpaid as of the Due Date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due under this Agreement.

Notice of any disputes must be in writing and received by us at our address within twenty-eight (28) days after the invoice date or you will waive any objections. If your Account is suspended for non-payment, we will require you to pay all past due amounts, all open balances that may not have become “past due” prior to reactivation of your Account, and any new charges that may include a prorated Base Fee for the balance of that billing cycle and the full Base Fee for the subsequent billing cycle.

HOW LONG WILL SP KEEP AND STORE MY DATA?

SP shall not be obligated to maintain or keep original copies of your documents, data, or messages for longer than 90 days. Voice and Call Recordings will be kept for a minimum of 30 days.

WHY ARE MY CALLS RECORDED AND WHAT ARE MY RESPONSIBILITIES?

SP records ALL calls while an AnswerTenant employee or contractor is participating, for both quality control and message accuracy. While recording, a “recording notification beep” will be repeatedly played in the background. This allows any party to “opt-out” out of the recorded call at any time by disconnecting the call or “hanging up”. Some States, Countries, Locales, etc. require “opt-in” consent from callers before a recorded call may continue.

If SP will receive or make any calls from or to anywhere requiring “opt-in” or other consent on your account, it is solely “your” responsibility to ensure that the first question in your “call scripts” (both inbound and outbound) ask all parties being recorded to provide their consent before continuing.

WHAT RIGHTS DO I HAVE TO USE SP MATERIAL?

All materials (“Materials”) and content (“Content”) on the Site are provided by and owned by SP unless indicated otherwise. All intellectual property rights in the Materials, Contents, and Services (including copyrights, trademarks, service marks, trade secrets, and patents) are the property of SP. SP retains all copyrights in the individual pages on the Site, and their components, and collective works (“Works”) available at the Site.

You agree not to use the Materials, Content, Services, and your Account for any unlawful or abusive purpose or in any way that interferes with our ability to provide Services to our customers or damages our property. The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions.

They may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, performed, or distributed in any way, without SP’s prior written permission. Trademarks and copyrights, including the SP logo, are the property of SP.

All other names and trademarks are the property of their respective holders. You are authorized to download one copy of the materials (the “Materials”) and/or Content found on this Site for use with the Services and/or Accounts. This is a license, not a transfer of title, and is subject to the following restrictions: unless you receive prior written consent from us and unless you receive any required regulatory approvals, you may not:

(a) modify the Materials, Content, Services, or Accounts or use them for any commercial purpose or any public display, performance, sale, or rental;

(b) decompile, reverse engineer, or disassemble the software, Materials, Content, Services, or Accounts;

(c) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts;

(d) unless otherwise provided herein, transfer or resell the Materials, Content, Services, or your Account to another person.

You agree to prevent any unauthorized copying of the Materials, Content, Services, and Accounts. You agree that we, in our sole discretion, may terminate this license at any time, for cause. Upon termination, you will immediately destroy any copies of the Material, Content, and Works in your possession.

HOW CAN I TERMINATE THIS AGREEMENT?

You may terminate this Agreement at any time. You must give such notice of termination either by calling us at (307)205 6303 or in writing in the email and send us at info@answertenant.com.

We will send you an email to confirm that your termination notice was received (“Cancellation Email”). If you do not receive a Cancellation Email your termination notice may not have been received by us.

Your termination request will be fulfilled within three (3) business days. Because some charges may have accrued prior to your termination, a final payment will be processed and due on receipt.

If Services are terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services. You must cancel your subscription before the next Billing Cycle Date.

HOW CAN SP TERMINATE THIS AGREEMENT?

We may terminate this Agreement at any time and for any reason. If you fail to pay any amount owed to us after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, restrict or terminate Services and/or terminate this Agreement, in addition to all other remedies available to us.

Upon termination of this Agreement and/or your Services, your right to use the Services immediately ceases. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to you or any third party. We may require reactivation charges to renew Services after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement.

HOW DOES A FORCE MAJEURE EVENT IMPACT OUR AGREEMENT?

In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities,

And energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slowdowns, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and SP are excused from our obligations under this Agreement, except for the obligation to pay money.

DO I CONTROL THE TOLL-FREE AND LOCAL TELEPHONE NUMBERS ASSIGNED TO MY ACCOUNT?

You are in control of and may use any toll-free and local telephone number assigned to you by SP or transferred by you to SP (your “Numbers”), however, those numbers remain the property of SP.

Following the termination or suspension of your Account, SP may reassign your numbers to another SP customer and you lose all interest, rights, and control of those. It is your responsibility to ensure that the number is activated and operational on your account BEFORE advertising the number in ANY way.

CAN I USE SP’S SERVICES TO CONTACT 911 EMERGENCY? (NO)

SP IS NOT A “DIAL-TONE” PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING OUR SERVICES, HANG UP AND DIAL “911”. YOU MUST USE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE A 911 CALL.

WHAT ARE SP’S PRIVACY POLICIES & PRACTICES?

The very nature of the Services we provide requires our staff to receive, store, relay and monitor telephone and electronic communications on your behalf and maintain records relating to your Account and Transactions (“Your Information”). We realize that keeping this information confidential is an important part of the Services we provide to you. We release and share this information as follows: We release Your Information to you and to those you designated as per the terms of your Service Plan. If necessary and to the extent required by law, we will release Your Information to law enforcement agencies and other governmental regulatory bodies. We will promptly notify you if such a release is permitted by law.

We have obligations to share Your Information in response to subpoenas, court orders, and other similar legal requirements. We will promptly notify you if we are required to disclose information for this purpose. We are compliant with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the Payment Card Industry Data Security Standard (PCI DSS). Your Information includes information that is made available to us solely by virtue of our relationships with you and your customers, such as details regarding the telecommunications services purchased, including the type, destination, technical configuration, location, and amount of use of such services.

This information and related billing information is known as Customer Proprietary Network Information (CPNI).SP safeguards CPNI and complies with the Federal Communications Commission (FCC) and other rules requiring SP to protect Customer CPNI. SP will not disclose CPNI except in accordance with applicable laws. For example, SP will not share CPNI with authorized companies if a Customer notifies SP that its CPNI may not be shared. SP will not share CPNI with unrelated third parties.

To opt out of CPNI sharing, please contact SP.SP is fully committed to ensuring the protection of Customer CPNI. The company advises all employees, even those not likely to come into contact with CPNI as part of their routine job functions, of the necessity for data privacy. All SP employees are trained in the use and disclosure of CPNI and are subject to the company’s CPNI policies. Employees who fail to abide by SP’s policies may be subject to disciplinary action up to and including dismissal.

Except in cases where SP is directed by an appropriate law enforcement agency to refrain from or delay Customer notification of a CPNI breach, SP will notify any Customers affected by a CPNI breach. This notification will include the details of the breach and what steps SP has taken to ensure a similar breach will not re-occur. Further, SP will notify the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI) as required by law.

SP will keep records of such breaches as required by law. SP will adopt further safeguards and comply with additional CPNI requirements, including filing its annual CPNI Certification, as required by law. SP reserves the right to monitor and record your calls and electronic communications for quality assurance. By accepting these Terms and Conditions you authorize our monitoring and recording of your calls to us concerning your Account or the Services and you consent to our contacting you from time to time by means of

(a) automatic dialing equipment.

(b) live operator communications.

(c) all other electronic means like email or SMS messaging.

WHAT ARE THE LINKS TO OTHER MATERIALS AND OTHER PROVIDERS ON YOUR SITE?

As a benefit to you, we will place HTML links to other websites on our Site. These linked sites are not necessarily under the control of SP and SP is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. SP reserves the right to terminate any link or linking program at any time. SP has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products.

If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and SP shall not be responsible for notification of any change in name or location of any information on the Site. We will sometimes place HTML links or advertisements on our Site for other service providers that we think may complement your needs. Our correspondence or business dealings with, or participation in promotions of advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers.

YOU AGREE THAT SP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS, AND ANY UNDERLYING CARRIER ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.

HOW DO WE CONTACT SP FOR IMPORTANT NOTICES?

Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and sent to us at info@answerTenant.com. Your notice must specify your Name and Account Number. Oral notices shall be deemed effective on the date reflected in our records.

DOES SP OFFER A WARRANTY FOR SERVICES AND MATERIALS? (WE DO NOT PROVIDE ANY WARRANTIES)

SP takes pride in the services we provide our customers. However, the inherent challenges in interpersonal verbal, oral, and other communication, including but not limited to poor telephonic connections, language barriers, differences in speech dialects, and hearing and speech impediments make it impossible to guarantee that all messages that we receive will be perfectly transmitted to you and otherwise limit the effectiveness of the services we provide.

In light of these challenges, we make absolutely no warranties regarding the services we provide. SP human or technical errors may impact your business, messages may not be accurately transmitted, and information relayed may not be accurate or timely. By accepting these Terms and entering into this Agreement you understand that SP is not responsible to you for any damage or loss that you suffer arising out of a failure of SP’s services.

THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES, AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by SP, your sole remedy for such reliance is against the third person making such representation or warranty. By accepting these terms and conditions you are acknowledging that you have read this WARRANTY DISCLOSURE and that you agree to its terms and conditions.

IF WE HAVE A DISPUTE, HOW IS IT RESOLVED?

If you have a problem with our service or have a dispute with us, we ask you to contact us immediately, as we take pride in providing excellent customer service. By accepting these terms, you agree that you will promptly bring any dispute or problem, in a good faith manner, to our attention, in writing, within twenty-eight (28) days of the problem or issue occurring or the invoice date, whichever occurs first.

You agree to do so before advising your bank or card company of a dispute or disagreement. Failure to do so, will represent an agreement between the parties as to all monies being owed and that you waive the right to bring a dispute or complaint through your credit card company, bank, or other electronic payment source. Any portion of the disputed invoice not under dispute must be paid by the “due date”. If we are not able to resolve any dispute, the following provisions apply

Governing Law: You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.

Jurisdiction and Venue: You and SP agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted only in Wyoming courts, United States of America. You and SP each waive any objection you or SP may have now or hereafter to the laying of the venue of any such suit, action, or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action, or proceeding.

Jury Trial: You waive your right to have a trial by jury.

CONTINUED USE & PERSONAL LIABILITY

You agree that these terms and conditions shall apply retroactively to the time you first used any SP service. You personally agree to pay all fees and costs to AnswerTenant, billed or incurred for the provided services, interest, past due collections costs, attorney fees, equipment leases, setup fees, account maintenance fees, and/or deposits, upon receipt of statement or invoice. Collections costs equal 100% of any past due amounts owed, thereby doubling your amount owed.

SEVERABILITY

Prior or subsequent writings, waivers, notices, and oral agreements between you and SP shall not operate to change or void these provisions, even if they state or could be construed otherwise, unless in writing signed by a duly authorized SP officer or owner. Employees of SP have no authority to bind SP or to execute any such writings. Without limiting the foregoing notations on checks and other payments shall have no legal force and effect. Any conflict between these terms and conditions and any other writings shall be resolved in favor of the terms and conditions herein set forth.

Waiver of any of these terms and conditions by SP in any one or more instances or occasions shall not operate or be construed as a waiver on any subsequent instance or occasion. Further, in the event any word, phrase, sentence, paragraph, provision, or subpart of this agreement is unenforceable or void as a matter of law, this shall not affect the other provisions herein stated.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO

(i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS;

(ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS;

(iii) NON PERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION;

(v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES;

(vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF SP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SP ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS

(1) WILL BE UNINTERRUPTED OR ERROR-FREE;

(2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS;

(3) IS SECURE;

(4) WILL MEET YOUR SATISFACTION.

YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.

IN NO EVENT SHALL SP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS, AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM the USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SP SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AND SP AGREE THAT IN NO EVENT SHALL THE LIABILITY OF SP TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.

YOU AND SP AGREE THAT THIS SECTION 26 OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SP. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SP WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

By accepting these terms and conditions you are acknowledging that you have read this LIMITATION OF LIABILITY section and that you agree to its terms and conditions.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO

(A) YOUR USE OF THE SERVICES

(B) ANY OTHER PERSON’S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU

(C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES, OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF SP OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

By accepting these terms and conditions you are acknowledging that you have read this INDEMNITY provision and that you agree to its terms and conditions.