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Site Terms of Use

Last updated on: October 1, 2021

Welcome to the magicJack Wireless web site (the “Web site”), which is owned and operated by NetZero Wireless, Inc. dba magicJack Wireless (“magicJack Wireless” or “we”). Please read these Terms of Use carefully, as they describe the terms and conditions applicable to the Web site. BY ACCESSING ANY AREA(S) OF THE WEB SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE.

1. Your Acceptance of magicJack Wireless Terms of Use and Privacy Policy

Your use of and/or visitation to any area of the Web site signifies your agreement to (1) these Terms of Use and (2) magicJack Wireless’ Privacy Policy, found at https://www.magicJackwireless.com/privacy-policy which is incorporated herein by reference. If you do not agree to any of these Terms of Use or magicJack Wireless’ Privacy Policy, please do not use the Web site. By using the Web site, you consent to all actions taken by magicJack Wireless with respect to your information in compliance with the Privacy Policy.

In its sole discretion, magicJack Wireless may modify or revise these Terms of Use or its Privacy Policy at any time without notice, and you agree to be bound by such modifications or revisions.

If you violate any of these Terms of Use, your permission to access and use the Web site and the contents of the Web site, such as text, graphics, software, images, designs, icons, features and functionality, video, audio and other material contained on the Web site (collectively, “Content”) automatically terminates (without notice to you) and you must immediately cease all access to and use of the Web site and the Content. 

magicJack Wireless may withdraw, amend or discontinue the Web site (or any portion thereof) and any Content (defined below) on the Web site at any time without notice, in magicJack Wireless’ sole discretion. magicJack Wireless will not be liable for any reason if all or part of the Web site is unavailable for any period. Temporary interruptions of the services available through the Web site may occur as normal events.

In order to access the Web site, you must have access to the Internet and related equipment or software, which is it your responsibility to obtain at your own expense. You acknowledge that you are solely responsible for upgrading and configuring your systems to be and remain compatible with the Web site.  magicJack Wireless has no control over third-party networks you may access during your use of the Web site, and therefore, delays and disruption of other network transmissions are completely beyond magicJack Wireless’ control.

2. Your Use of the Web Site – Permissions and Restrictions

  1. magicJack Wireless hereby grants you permission to access and use the Web site and the Content for your personal, informational and shopping purposes only, under the following conditions: you agree to use the Web site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws and contains trademarks and other proprietary information. Title to the Content remains with magicJack Wireless or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of magicJack Wireless. All rights not expressly granted herein are reserved to magicJack Wireless and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Web site or the Content. You may not modify, publish, transmit, display, reproduce, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
  2. magicJack Wireless’ name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of magicJack Wireless or its affiliates (the “Marks”). You agree not to use the Marks in any manner without the prior written permission of magicJack Wireless or its appropriate affiliates. Any other names, logos, product and service names, designs and slogans on the Web site are the trademarks of their respective owners.
  3. You agree not to alter or modify any part of the Web site.
  4. Any special rules for the use of certain software and other items provided on the Web site may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference.
  5. You agree not to share, reproduce, duplicate, copy, sell, trade, resell, exploit or use the Web site (or any portion thereof) for any commercial use (other than the purchase of products and services offered for sale on the Web site)
    without the prior written authorization of magicJack Wireless.
    You must not use the Web site (directly or indirectly) for any unauthorized purpose or to transmit or procure the sending of any advertising or promotional material. 
  6. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on the Web site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, Trojan horses, worms, spyware, or other
    material that is malicious or technologically harmful
    , or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web site. You also agree not to interfere with the servers or networks connected to the Web site, violate any of the procedures, policies or regulations of networks connected to the Web site, scan or test the vulnerability of the Web site, attempt to circumvent any security measure with the Web site, attempt to gain unauthorized access to, interfere with, damage, or disrupt the Web site, attempt to interfere with the property working of the Web site, or access the Web site in order to build a competitive product or service or for benchmarking or other competitive purposes. Notwithstanding the foregoing, magicJack Wireless grants the operators of public search engines permission to use spiders to copy materials from the Web site for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials. magicJack Wireless reserves the right to revoke these exceptions either generally or in specific cases.
  7. You agree not to collect or harvest any personally identifiable information from the Web site, nor to use the communication systems provided by the Web site (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site. Any conduct by you that in magicJack Wireless’ discretion restricts or inhibits any other user from using or enjoying the Web site will not be permitted.
  8. In your use of the Web site, you will at all times comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Web site any material which (in magicJack Wireless’ sole discretion) is unlawful, threatening, harassing, racist, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, which otherwise violates any law, which could be detrimental to magicJack
    Wireless, or which p
    rovides support or resources to any organization designated by any government as a foreign terrorist organization.
  9. You agree not to upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
  10. You also agree not to impersonate any other person, engage in any conduct that restricts or inhibits another user’s use or enjoyment of the Web site, or conduct yourself in a vulgar or offensive manner while using the Web site. You agree that magicJack Wireless may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to,
    vulgarity or other offensive content, which determination shall be at magicJack Wireless’ sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
  11. You agree that magicJack Wireless shall have the right, but not the obligation, to monitor the content of the Web site and to remove any material that magicJack Wireless, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.

You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

3. Account Registration
In order to participate in certain areas of the Web site, you may need to register for an account, i
ncluding, but not limited to, creating a username and password. Your account is personal to you and you are solely responsible for any and all acts or omissions that occur through the use of your account, whether or not permitted or authorized by you.   You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain the security of your account by restricting access to your account and not sharing your username or password with others; (iv) maintain and promptly update your account information if necessary; (v) notify magicJack Wireless immediately upon learning of any unauthorized access to or use of your account, your username or password or any other security breaches relating to the Web site; (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account; and (vii) ensure that you exit from your account at the end of each session. Additionally, you may not use your account to gain or attempt to gain unauthorized access to any portion of the Web site, including, but not limited to, accessing another user’s account. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

magicJack Wireless reserves the right to terminate account sessions that are inactive for an extended period of time. If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to update any information on a timely basis, or if magicJack Wireless has reason to believe that information you provided is not current, untrue, inaccurate, or incomplete, magicJack Wireless may suspend or terminate any or all of your accounts and refuse you any and all current or future use of the Web site (or any portion thereof)magicJack Wireless also retains the right, in its sole discretion, to suspend, deactivate, or terminate any or all of your accounts, as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities

The magicJack Wireless Parties (defined below) will not be liable for any loss or damage arising from use or misuse of your account due to the activities of third parties or resulting from your failure to maintain the security and confidentiality of your account, username and password.  The magicJack Wireless Parties shall also not be liable to you or any third party for any termination of your account or access to the Website.

4. Terms and Conditions
All sales of products and services on the Web site are governed by 
magicJack Wireless’ Plan Terms & Conditions . Please refer to the Terms and Conditions for the terms and conditions applicable to your purchase and use of products and services through the Web site. By purchasing products or services through the Web site, you agree to be bound by and accept the Terms and Conditions. The Terms and Conditions are subject to change at any time without notice, in magicJack Wireless’ sole discretion; therefore, you should review the Terms and Conditions every time you make a purchase on the Web site.

5. Right to Terminate
magicJack Wireless reserves the right to disable, terminate or restrict your use of the Web site at any time, without notice, for any or no reason whatsoever. magicJack Wireless reserves the right to determine, in magicJack Wireless’ sole discretion, whether a User Submission is appropriate and complies with these Terms of Use. magicJack Wireless may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at magicJack Wireless’ sole discretion.  A
ny rights you have in accessing the Web site shall terminate upon the deactivation or termination of your account or the termination of these Terms of Use with you. 

6. Disclaimer of Opinion
Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or third parties on the Web site are those of the respective authors or producers and not of the magicJack Wireless Parties. Under no circumstances shall any magicJack Wireless Party be held liable for any loss or damage caused by your reliance on information, materials or Content obtained on or through the Web site
(“Website Information”). It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.

7. Disclaimer of Warranty
THE WEB SITE, THE CONTENT, THE
WEBSITE INFORMATION AND ANY PRODUCTS OR SERVICES DISCUSSED, PROMOTED OR SOLD VIA THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USE OF THE WEB SITE, THE CONTENT, THE WEBSITE INFORMATION AND ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED OR SOLD VIA THE WEB SITE IS AT YOUR OWN RISK.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGICJACK WIRELESS, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “MAGICJACK WIRELESS PARTIES”) DISCLAIM ALL REPRESENTATATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. NONE OF THE MAGICJACK WIRELESS PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, COMPLETENESS, SECURITY, QUALITY OR RELIABILITY OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE MAGICJACK WIRELESS PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OTHER WEBSITE INFORMATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OTHER WEBSITE INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR OTHER WEBSITE INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. MAGICJACK WIRELESS DOES NOT REPRESENT, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OTHER WEBSITE INFORMATION OR PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Liability of magicJack Wireless
IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE CONTENT, ANY OTHER WEBSITE INFORMATION FOUND THEREON, OR WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. MAGICJACK WIRELESS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE.

IN NO EVENT SHALL THE MAGICJACK WIRELESS PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEB SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS OR CONTENT OBTAINED THROUGH THE WEB SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEB SITE OR ANY WEB SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, ANY DELAY OR INABILITY TO USE THE WEB SITE, OR ANY CONTENT, OTHER WEBSITE INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MAGICJACK WIRELESS PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE MAGICJACK WIRELESS PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEB SITE IS CONTROLLED AND OFFERED BY MAGICJACK WIRELESS FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND MAGICJACK WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

IF, NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 8, ANY MAGICJACK WIRELESS PARTY IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE WEB SITE (OTHER THAN WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEB SITE), YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).IF, NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 8, ANY MAGICJACK WIRELESS PARTY IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO ANY SERVICE(S) OR PRODUCT(S) (WHETHER TANGIBLE OR INTANGIBLE) ADVERTISED, PROMOTED OR SOLD THROUGH THIS WEB SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID MAGICJACK WIRELESS THROUGH YOUR USE OF THE WEB SITE.

SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF CALIFORNIA LAW AS DESCRIBED BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES or be forever barred. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

9. Indemnification
You agree to defend, indemnify and hold harmless the magicJack Wireless Parties from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Web site and/or any Content, Website Information, services or products advertised or provided via the Web site; (ii) your violation of these Terms of Use or any other agreement with magicJack Wireless; (iii) your negligence or willful misconduct; (iv) your violation of any third party right, including, but not limited to, any copyright, property or privacy right; or (v) any claim that any of your User Submissions caused damage to a third party.  The magicJack Wireless Parties
reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Third Party Advertisements; Links to Other Web Sites
magicJack Wireless may display advertisements from third parties on the Web site. Your dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. magicJack Wireless is not liable for any damages or losses of any sort incurred as a result of such dealings or as a resulting of such third-party advertisements or information on the Web site. magicJack Wireless
has the right, but not the obligation, to remove any material from the Web site for any reason or no reason at all, in its sole discretion.

Some of the hyperlinks on the Web site may lead to other web sites that are not controlled by, or affiliated with, magicJack Wireless. In addition, other web sites may link to the Web site. Unless expressly stated, magicJack Wireless has not reviewed or endorsed these web sites, has no control over those web sites, is not responsible for the availability of external sites or resources linked to the Web site or for the content or privacy policies, or practices of any third-party web sites. In addition, magicJack Wireless will not and cannot censor or edit the content of any third-party web site. By using the Web site, you expressly relieve the magicJack Wireless Parties from any and all liability arising from your use of any third-party web site that you visit through or via the Web site – any access by you to third-party websites from the Web site shall be entirely at your own risk. Transactions that occur between you and such third party sites are strictly between you and the third party and are not the responsibility of magicJack Wireless. Accordingly, magicJack Wireless  encourages you to be aware when you leave the Web site to read the terms and conditions and privacy policy of each other web site that you visit.

11. User Submissions and Contributions
Any personal information you provide to magicJack Wireless is subject to our Privacy Policy. Beyond that information, any email or other communications or content you send to any part of the Web site is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users of the Web site. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted, magicJack Wireless a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicensable and transferable right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. magicJack Wireless may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Web site and under these Terms of Use. magicJack Wireless may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize magicJack Wireless to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use.

magicJack Wireless does not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and magicJack Wireless expressly disclaims any and all liability in connection with User Submissions. magicJack Wireless does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and magicJack Wireless may remove any User Submission if notified that such User Submission infringes on another’s
intellectual property rights.

You agree that magicJack Wireless, should it accept a User Submission, may include that User Submission in the Web site for as long or as short a period of time as magicJack Wireless, in its sole discretion, chooses.

You also agree that magicJack Wireless may, in magicJack Wireless’ sole discretion, reject, remove, or edit User Submissions (or any portion thereof), for any reason or for no reason, at any time and without notice. magicJack Wireless may, but is not obligated to, review the content of User Submissions. User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content.

magicJack Wireless may use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to magicJack Wireless without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services and creating, modifying or improving the Web site or other web sites. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against the magicJack Wireless Parties regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

12. Disputes
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS
ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED.

Each party waives its right to a jury trial in any court action arising between the parties under these Terms of Use or otherwise related to these Terms of Use, whether made by claim, counterclaim, third-party claim, or otherwise.

Subject to this Section 12, all disputes between you and the magicJack Wireless Parties must be resolved by final and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of the relationship between you and the magicJack Wireless Parties, whether based in statute, fraud, tort, contract, misrepresentation, or any other legal theory, (ii) disputes and claims that arose before this or any prior agreement, and (iii) disputes and claims concerning the scope of this arbitration provision. The arbitration will be conducted by one arbitrator using the procedures described in this Section 12. The arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”) and shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes, as modified by this these Terms of Use, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these Terms of Use, these Terms of Use shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of these Terms of Use and may not limit, expand, or otherwise modify their terms.

Before you take a dispute to arbitration, you must first write to magicJack Wireless  at:

NetZero Wireless, Inc.
c/o magicJack Wireless

931Village Blvd, Suite 905, Box 386

West Palm Beach, FL 33409
Attn: Dispute Resolution

 

and give magicJack Wireless an opportunity to resolve the dispute. Similarly, before magicJack Wireless takes a dispute to arbitration, magicJack Wireless  must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or magicJack Wireless is notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available at www.adr.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Los Angeles, California. Arbitrations under these Terms of Use shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s fees shall be deposited equally by the parties, but may be awarded by the arbitrator as provided in the AAA rules. 

Nothing in this Section 12 or otherwise shall preclude the magicJack Wireless Parties from seeking any injunctive relief in any court of competent jurisdiction for protection of the magicJack Wireless Parties’ intellectual property rights or other proprietary rights.  You acknowledge and agree that the magicJack Wireless Parties’ remedies at law for a breach or threatened breach by you of any of the provisions of these Terms of Use would be inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any remedies at law, the magicJack Wireless Parties shall, without posting any bond or other security, be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy which may then be available.

 

All rights and remedies of magicJack Wireless upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Us or by law or equity on magicJack Wireless, and the exercise of any one remedy will not preclude the exercise of any other. These Terms of Use are governed by the internal substantive laws of the State of California, without reference to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

13. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated (collectively, “Modified Terms”) by magicJack Wireless at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Web site. Any use of the Web site by you after such posting shall be deemed to constitute acceptance of such Modified Terms. 
It is your obligation to check this page often for Modified Terms.

14. Entire Agreement
These Terms of Use, as modified from time to time by magicJack Wireless, and including magicJack Wireless’ Privacy Policy incorporated herein by reference, set forth the entire understanding and agreement of the parties relating to the subject matter hereof, and supersede any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein. 

15. Severability
If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful, or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law. Each party acknowledges and agrees that any interpretation of these Terms of Use will not be construed against a party by virtue of its having drafted the provisions hereunder.

16. Digital Millennium Copyright Act
It is magicJack Wireless’ policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

 · A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 · Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Web site are covered by a single notification, a representative list of such works;

 · Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit magicJack Wireless to locate the material;

 · Information reasonably sufficient to permit magicJack Wireless to contact you, such as an address, telephone number, and, if available, an electronic mail address;

 · A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 · A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

magicJack Wireless’ designated Copyright Agent to receive notifications of claimed infringement is: Copyright Officer, NetZero Wireless, Inc., 30870 Russell Ranch Road Suite 250, Westlake Village, CA 91362. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to magicJack Wireless’ customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

If you are the owner or an agent thereof, of material that was removed from the Web site or disabled after magicJack Wireless received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending magicJack Wireless a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

 · Your physical or electronic signature;

 · Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

 · A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

 · Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, magicJack Wireless may send a copy of the counter-notice to the original complaining party informing that person that magicJack Wireless may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides magicJack Wireless with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at magicJack Wireless’ sole discretion.

17. Intellectual Property Notice
All content on the Web site is owned by magicJack Wireless or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.

18. Ability to Accept Terms
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

19. General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and magicJack Wireless by your use of the Web site. Any provision of these Terms of Use which by its nature would survive the termination or expiration of these Terms of Use, including without limitation Sections 6, 7, 8, 9, 12, 14, 15, 17, 18 and this Section 19 shall do so. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, licensed, or assigned by you, but may be assigned or transferred by magicJack Wireless without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of magicJack Wireless, the other magicJack Wireless Parties, and their third-party content providers and licensors, and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

In addition to any limitations provided by applicable law, magicJack Wireless shall be excused from liability for non-delivery or delay arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond its reasonable control, whether or not similar to those which are enumerated above.

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