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Mobile Privacy, Terms & Conditions

WELCOME TO FAIRCALL MOBILE COLLECT CALLING.  These Terms constitute a legal "Agreement"; please read them carefully.
By reviewing the registration process on our website located at www.faircall.com or any successor
website thereto ("Website") you (1) represent that you are at least 18 years of age and have the consent of the subscriber of a participatingmobile communications carrier to sign-up for and use the Mobile Collect Service on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this Agreement.

In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating
mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to “Mobile Collect Calling”. This Agreement explains our obligations to you, and your obligations to us in relation to the Mobile Collect Calling Service. We reserve the right to modify these Terms at any time. Changes to these Terms will be posted in a revised version of these Terms on our web page at www.faircall.com

1. Description of Mobile Collect Calling Service

Faircall provides mobile collect calling services whereby the caller (party A) requests to make a reverse or collect call to a mobile subscriber (Party B).   The acceptance of the service by Party B is purchase of a bundle of minutes of voice time with the calling party A using the voice phone call capabilities of your mobile device. You acknowledge and agree that the Service is for your personal use on the mobile device.  You may not, or attempt to (or otherwise authorize, encourage or support others" attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service.

2. Registration and Access to Service

(a) Access to the Service. In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Faricall makes the Service available and pay any service fees associated with any such access.  In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Faircall's operations.  Any equipment or software causing interference shall be immediately disconnected from the Service and Faircall shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Package Plans.  Faircall is offering through its Service a bundle of voice minutes
The Package Plan between you and Faircall shall begin when Faircall, upon your request, has provided you with access to the Service.

(c) Access without Registration. Faircall may provide you with access to some Services without you
registering as a user, such as sign-up via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

(d) Interruptions or Discontinuation of Service. Faircall reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you.

(e) Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that FAIRCALL SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

(f) SMS Message delivery. We will not be liable for any delays in the receipt of any SMS messages, as delivery subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

(g) Acceptance of service. We require that you confirm your acceptance of all Mobile Collect Calling Charges two separate times as directed. First, you are required to press the specified number at the initial service and pricing disclosure prompt. Secondly, you are required to press another specified number at the second confirmation service and pricing disclosure prompt. Your action of entering the required digits at the above referenced prompts indicates your acceptance and willingness to pay your mobile communications carrier for all charges you may accrue.

(h) Voice Phone call minutes. Mobile Collect Calling provides for a bundle of minutes to talk with the calling party for whom you accepted the call and charges. The minutes provided Faircall Mobile Collect are solely in reference to our, or our partners or third parties, IVR platforms and services and have no bearing on the minute charges from your mobile phone services provider. All minutes used on your phone shall be billed at the same rate that your mobile phone services provider charges you for all other incoming calls.

3. Privacy

You acknowledge that Faircall may collect and process "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our Service, such as the date regarding the start and end and the extent of your usage of the service), in connection with the Service. We may pass on your personal information, or demographic and usage information to your cell phone service provider. We may also use personal information for auditing, research and analysis to operate and improve our technologies and services. We may share aggregated and non personal information with third parties outside of Faircall. When we use third parties to assist us in processing your personal information, we require that they comply with our
Privacy Policy and any other appropriate confidentiality and security measures. We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services. You may remove your information from our database.  If you remove your information from out database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. You may remove your information by sending "STOP", "END", "QUIT" or "UNSUBSCRIBE" to 51712 or to the SMS text message you have received. Such information collected by Faircall may be stored and processed in any country in which Faircall or its agents maintain facilities or billing arrangements. By using the Service, you consent to any such transfer of information outside of your country.

4. Indemnification

You agree to release, indemnify, defend and hold harmless Faircall, its parent Faircall, subsidiaries,
affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT FAIRCALL SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAIRCALL MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT FAIRCALL'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, FAIRCALL, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF FAIRCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE OR PROVINCE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR PROVINCES.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property,
proprietary rights or other rights related to intangible property which are used, developed, comprising,
embodied in, or practiced in connection with any of the Service ("Faircall Intellectual Property Rights") are owned by Faircall or its licensors, and you agree to make no claim of interest in or ownership of any such Faircall Intellectual Property Rights. You acknowledge that no title to the Faircall Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

7. Fees

You agree to pay your mobile device operator the RATES as specified. Message and data rates may apply. Supported carriers for the program are: Alltel, AT&T, Bluegrass, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cellular One, ECIT (Cellular One of IL), Eastern Kentucky Network,Immix, Nextel, nTelos, Rural Cellular, Sprint, Suncom, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin. All fees are subject to change upon notice from Faircall. Faircall will provide you with reasonable notice of such change. All fees are due immediately and are non-refundable, except as otherwise expressly noted. In addition to any fee of which you are notified, your provider’s message and data rates may apply and voice rates apply to our confirmation and all subsequent SMS and voice phone call correspondence. All charges will appear on your wireless bill or be deducted from your prepaid balance.

8. Dispute Resolution

This section provides for resolution of most disputes through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. All disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted either to the American Arbitration Association ("AAA") or to JAMS ("JAMS"), for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules") or the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), respectively, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. Either party may contact AAA in writing at AAA Central Case Management Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6636 or JAMS in writing at 1101 17th St., NW, Suite 808, Washington, D.C. 20036. For more information regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org/ or http://www.jamsadr.com/ . Under the AAA Rules and the JAMS Rules, you also may have the right to take qualifying disputes to small claims court. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. The arbitration will be conducted in accordance with the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"). The arbitrator will determine any controversy over whether an issue is arbitrable. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the USAA. For any arbitration in which you claim less than $10,000, the Company will pay your filing fee with AAA or JAMS and all of AAA's or JAMS's other costs and fees. For claims between $10,000 and $75,000, you will pay a fee to the AAA or JAMS of no more than $125, and the Company will pay all of the AAAs or JAMS other costs and fees. If you elect an arbitration process other than a document (desk) or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. Except to the extent authorized by statute and awarded by the arbitrator, each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held at the location that AAA or JAMS selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to FairCall services. Any dispute or claim arising out of or relating to these Terms must be brought within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises.

9. Termination and Cancellation of Services

To stop messages at any time text STOP to 51712 or send an e-mail to support@faircall.com, or for customer service support information call 1 800 606-0599 . For help at any time text HELP to 51712. You agree that Faircall, at its sole discretion, may at any time terminate your use of the Service and
Package Plan(s) or individual services provided via the Service and/or change its content offering made
available through the Service, if Faircall believes that you have violated or acted inconsistently with this
Agreement. You agree that upon termination of your access to the Service under any provision of this
Agreement, Faircall may immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Service. Further, you agree that Faircall shall not be liable to you or any third party for any termination of your access to the Service.

10. Miscellaneous Provisions

(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

Faircall Corporation
12526 High Bluff Drive, Suite 300
San Diego, CA, 92130

Faircall shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Faircall or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

(c) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

(d) Assignment and Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(e) Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court of San Diego, for any disputes between us under or arising out of this Agreement. For any disputes between us under or arising out of this Agreement you and we agree that jurisdiction shall be in the courts of San Diego, California. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(f) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Faircall. The remedies of Faircall under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(g) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(h) Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(d), 2(f), 4, 5, 6 and 9 of this Agreement shall survive such expiration or termination.