TERMS & CONDITIONS OF USE  
  WELCOME TO COLLECTCALL.biz MOBILE COLLECT CALLING. These Terms and Conditions of Use govern your use of the COLLECTCALL.biz (“Website”) and the Mobile Collect Calling Service (“Services”) provided by 1 800 Collect, Inc (the “Company” You must read and agree to these Terms and Conditions of Use (this “Agreement”) before you can use the Website or the Service. You can agree to the terms and conditions of this Agreement by actually using the Website or the Service, or by indicating your acceptance through the interactive voice response (“IVR”) prompts using your mobile phone when using the Service.

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 the Company. This Agreement explains our obligations to you, and your obligations to us in relation to the Website and Service. We reserve the right to modify this Agreement at any time.

Neither the Website nor the Service is aimed at nor intended for children under the age of 13. If you are under the age of 13, please do not use this Website or the Service, and if you are over the age of 13 but under the age of 18, you may use this Website or the Service only with the involvement and permission of a parent or legal guardian. You (1) represent that you are at least 18 years of age, or that you have the approval of a parent or guardian to use the Website or the Service, and have the consent of the subscriber of a participating mobile communications carrier to sign-up for and use the 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.

1. Description of Mobile Collect Calling Service We provide a Services whereby the caller (party A) requests to make a reverse or collect call from either a mobile phone or a landline to a mobile subscriber (Party B). Upon acceptance of the Service by Party B, Party B may purchase a bundle of minutes of voice time to communicate with the calling party A using the voice phone call capabilities of a 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. Access to the Mobile Collect Calling 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 we make 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 our operations. Any equipment or software causing interference shall be immediately disconnected from the Service and we shall have the right to immediately terminate and block your access to the Services. 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) Bundled Plans. We offer the Services through the sale of a bundle of voice minutes. The Bundled Plan between you and us shall begin when we, upon your request, have provided you with access to the Service.

(c) Identification. We provide you with access to the Service via an IVR process using SMS messages without requiring you to register as a user. Your identification is based on your mobile telephone number.

(d) Interruptions or Discontinuation of Service. We reserve 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 WE 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 Service charges two separate times. First, you are required to press the indicated number on your phone at the initial IVR service and pricing disclosure prompt. Secondly, you are required to press the indicated number on your phone at the confirmation IVR service and pricing disclosure prompt. Your action of entering the required digits at the above referenced prompts indicates your acceptance of this Agreement and of your acceptance and willingness to pay your mobile communications carrier for all charges you may accrue.

(h) Air-time minutes. We provide the Service by offering for sale a bundle of collect call minutes to talk with the calling party for whom you accepted the call and charges. The minutes provided by us are solely in reference to our, or our partners or third parties, IVR platforms and services and charges for the Service and have no bearing on the air-time minute charges from your mobile phone services provider. All air-time 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
We respect your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. By using our Website or Service, you also agree to abide by our Privacy Policy


4. Indemnification
You agree to indemnify, defend, and hold harmless the Company, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your submissions, feedback, or any other content) you or anyone using your account submit, post, or transmit through the Website or Service; (b) the use of the Website or Service by you or anyone using your account; (c) the violation of the terms, conditions, representations or warranties in this Agreement by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


5. Warranty Disclaimer; Limitation of Liability
THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND SERVICE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).


WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND SERVICE, OR THE CONTENT OF ANY INTERNET SITES OR RESOURCES LINKED TO THE WEBSITE AND SERVICE. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR SERVICE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE.

WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICE OR ANY LINKED INTERNET SITE. WE AND OUR AFFILIATES WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER US NOR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE WEBSITE OR SERVICES.

WITH REGARD TO ANY ALLEGATION, CLAIM, OR DISPUTE RELATED TO USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR CREDITS FOR INTERRUPTIONS, OUR LIABILITY WILL BE LIMITED TO THE CHARGES THAT WE ASSESSED YOU FOR THE BUNDLED PLAN.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

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 ("Intellectual Property Rights") are owned by us or our licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the 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 a per call charge in bundles of up to ten (10) minutes talk time per call at the specified rates found at our Rate Page. 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 us. You will be provided with a notice of the current applicable fees during the IVR process each time you use the Service. 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. You will not be credited for any unused call time not used from any bundled time purchased for a call.


8. Termination and Cancellation of Service
To stop messages at any time text STOP to 51712 or send an e-mail to support@collectcall.biz, or for customer service support information call 1-800-282-0377. For help at any time text HELP to 51712. You agree that we may, at our sole discretion, at any time terminate your use of the Service and Bundled Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if we believe 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, we 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 we shall not be liable to you or any third party for any termination of your access to the Service.


9. Miscellaneous Provisions

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

1 800 Collect, Inc.
12526 High Bluff Drive, Suite 300
San Diego, CA, 92130

We 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 us 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. We may assign this Agreement to a third party in our sole discretion.

(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.

(f) Dispute Resolution.

YOU AND THE COMPANY BOTH AGREE THAT YOU WILL RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU AND THE COMPANY HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL OF ANY DISPUTE BETWEEN US. NEITHER YOU NOR US MAY BRING ANY REPRESENTATIVE ACTION, ACT AS A CLASS REPRESENTATIVE, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY DISPUTE OR CLAIM BETWEEN US.

As used in this arbitration agreement and waiver, references to "Company" and "you" include our and your respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. You and the Company intend that this agreement to arbitrate and class action waiver will be interpreted broadly, and will encompass all disputes between you and the Company, including, but not limited to:

(A) Claims that relate in any way to the relationship between you and the Company (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory);

(B) Claims that arose before this Agreement or any prior Agreement, including, but not limited to, claims arising out of or related to advertising;

(C) Claims that may arise after the termination of this Agreement or the Service; and

(D) Claims that are currently the subject of purported class action litigation in which no class has been certified.

This arbitration agreement does not preclude you from raising issues with federal, state, or local government agencies, such as the Federal Communications Commission. Such agencies can, if the law allows, seek relief against the Company on your behalf. This arbitration agreement similarly does not preclude you or the Company from seeking temporary equitable relief in any court of competent jurisdiction. Finally, this arbitration does not preclude you or the Company from bringing qualifying claims in small claims court.

Arbitration of any dispute or claim between you and the Company must be initiated within one year of the date on which the basis for the dispute or claim first arises. To initiate arbitration, you or the Company must submit a claim either to the American Arbitration Association ("AAA") at Case Filing Services 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or to JAMS ("JAMS") at 401 B Street, Suite 2100, San Diego, CA 92101, for final and binding arbitration, with notice to the other party by certified mail. For more information regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org/ or http://www.jamsadr.com/.

This Agreement evidences a transaction in interstate commerce, and thus any arbitration will be conducted in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). If AAA is chosen, the arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules") or if JAMS is chosen, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by this Agreement. The arbitration will be conducted by a single arbitrator, to be chosen jointly by you and the Company, who will determine all issues, including any controversy over whether an issue is arbitrable in the first instance. Unless you and the Company agree otherwise, the arbitrator may not join your claim(s) or the Company's claim(s) with any other claim, and may not preside over any representative or class proceedings.

For any arbitration in which you claim less than $10,000, the Company will reimburse you for the cost of your filing fee with AAA or JAMS and will directly pay all of the AAA's or JAMS's other costs and fees. For claims between $10,000 and $75,000, you will pay any filing fee required by the AAA or JAMS, and the Company will pay all of the AAA's or JAMS's other costs and fees. If you bring claims between $10,000 and $75,000 and cannot afford to pay the filing fee, the Company will pay the fee directly on your behalf upon written notice from you. If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of the AAA's or JAMS's costs and fees will be governed by the AAA Rules or the JAMS rules. Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse the Company for any costs or fees that it paid that otherwise would have been your responsibility under the AAA Rules or the JAMS Rules. If you bring a claim for greater than $75,000 payment of fees and other costs to the AAA or to JAMS will be governed by the AAA Rules or the JAMS Rules. 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.

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. If you elect another arbitration process, you must pay your allocated share of any higher administrative fees and costs for the process you select. Any in-person arbitration proceedings will be held within fifty (50) miles of the location at which the call giving rise to the dispute was placed, or at a location otherwise selected by the AAA or JAMS.

In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and the Company of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.

(g) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by our authorized representative. Our remedies 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.

(h) 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.

(i) Force Majeure. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

(j) Agreement Changes. From time to time, we may change this Agreement. If we change this Agreement, we will inform you by posting the revised Agreement on the Website. Those changes will go into effect on the Revision Date shown in the revised Agreement. Your continued use of our Website or Service constitutes your consent to be bound by the revised Agreement.

Revision Date: December 20, 2011

 
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