Last updated on: October 1, 2021
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
- 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.
- You agree not to alter or modify any part of the Web site.
- 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.
- 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.
- 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.
Wireless, or which provides support or resources to any organization designated by any government as a foreign terrorist organization.
- 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.
- 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.
- 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, including, 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
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
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.
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.
11. User Submissions and Contributions
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.
ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED.
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
14. Entire Agreement
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
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.