Last Updated 9/13/2021
All information is for reference only and is subject to change
without notice.
1. INTRODUCTION
Terms of use of Service, hereinafter referred to as
("Agreement" "terms") constitute the entire Agreement
between ContactMeAsap.com, hereinafter referred to as
("ContactMeAsap.com" "we" "us" or "our")
and the user of ContactMeAsap.com's communication
services, hereinafter referred to as "Subscriber" "you" or
"you’re" with respect to ContactMeAsap.com services provided through
the website and/or by speaking with a Customer Service Representative. By
activating your account, you acknowledge having read and accepted the terms and
conditions provided herein. It is the Subscriber's responsibility to review the
terms clearly posted on the company website and stay aware of any changes made.
ContactMeAsap.com does not use paper for "statements" or "Terms
and Conditions of Service". Our terms are permanently posted on our
website; however, we may on occasion opt to email or post mail the terms and
conditions to our customer base. We reserve the right to modify this Agreement
at any time. Such modifications shall be effective upon posting on our website.
By subscribing to the "Service", including any such future
modifications, Subscriber agrees to be bound by this and any subsequent revised
Agreement posted on our website at https://www.contactmeasap.com/terms
1.1 NON-REFUNDABLE
After the period of two (2) days of the initial setup, all
fees are non-refundable for any reason. When you make a deposit to an account
this is a gift to that individual. These funds can only be used for services or
products sold or offered by ContactMeAsap, it retains no cash value. By making a deposit you agree
that you will not request a refund for any reason other than you made the transaction
by mistake. In which case you must notify us within 48 hours.
2. SERVICE
Upon subscription of Service, ContactMeAsap.com will hereby
assign to you an individual nonexclusive, non-transferable, revocable license
to access and use the ContactMeAsap.com service(s), for non-commercial use.
Subscriber shall have no right to sell, resell, duplicate, copy, distribute, or
exploit for commercial purposes any portion, access, or use of the
ContactMeAsap.com service(s); nor make any claim of such right. Unless stated
otherwise, any new features provided by us that can enhance the current
ContactMeAsap.com service(s) shall also be subject to these terms and
conditions. ContactMeAsap.com is not liable for any communications,
information, content, and/or materials that Subscriber submits to the service
and assumes all such responsibility and liability. ContactMeAsap.com shall have
no responsibility for the transmission or deletion of Subscriber Content.
ContactMeAsap.com has the right to restrict termination to any telephone
numbers at its sole discretion. Subscriber is required to prepay all uses of
this service. Subscriber also agrees not to use service for any unlawful or
abusive purpose or in such a way that it creates damage to services'
reputation, employees, facilities, third parties, or to the public in general.
It is the Subscriber's responsibility to know the rules of the inmate's
facility where he/she is incarcerated. Subscriber agrees to abide by any
telecommunication rules associated with a Federal, State, or Local prison
facility and understands that a violation of these rules may result in the loss
or suspension of this service. ContactMeAsap.com is not liable if an inmate's
location changes its telephone/messaging policy, resulting in interference with
the ContactMeAsap.com service(s). Once the Subscriber account is established,
Subscriber will be issued a phone number.
Subscriber understands that ContactMeAsap.com does not have billing
arrangements with any prison phone providers or inmate computer providers, and
our service cannot accept collect phone calls. Subscriber agrees he or she
FULLY understands how to set up the ContactMeAsap.com service(s) and that it is
the Subscriber's responsibility to understand the next steps to be taken. You
also understand that ContactMeAsap.com is NOT responsible for the third-party
providers to our company. If set up takes Subscriber longer than expected,
Subscriber is still required to pay our service ContactMeAsap.com provides our
service(s) to Subscriber until said service(s) is cancelled. Your service term
refers to the period for which ContactMeAsap.com will bill you in advance (for
example: one month or one year). The service term is the term Subscriber
selected from the options available when Subscriber signed up for our service.
The Subscriber's first service term begins on the subscription date, which is
the date Subscriber first ordered service, the date we gave you the phone
number, or the date we successfully processed your payment, whichever is later.
Subscriber service will continue until canceled by Subscriber or
ContactMeAsap.com as provided for herein. Please note that the obligations of
this agreement begin on your subscription date and are indefinite. Subscriber's
service term automatically renews for the same term unless service(s) is/are
cancelled before the end of your then current service term. The renewal begins
on the day after the last day of your service term. We DO NOT auto-bill your
credit card. If you do not have funds deposited in your inmates account when their
service date comes, there account will be suspended. There phone number will be held for 14 days.
After than time it will be released to the phone carrier.
2.1 Acceptable Use
Subscriber is solely liable for any transmissions sent through
the ContactMeAsap.com service(s). ContactMeAsap.com has no control over the
content of any transmission nor will be liable for such content. Subscriber
shall not use the service(s) to create or distribute any images, sounds,
messages, or other materials which are obscene, harassing, racist, malicious,
fraudulent, infringing or libelous, nor use the service(s) for any activity
that may be considered or are unethical, immoral, abusive of any third party's
rights, or illegal. Furthermore, you will abide by all rules, regulations,
procedures, and policies of ContactMeAsap.com and any policies of the networks
connected to the service(s). Subscriber agrees to abide by all applicable
local, state, national, foreign, and international laws and regulations and is
solely responsible for all acts or omissions that occur under the Subscriber
account or password, including the content of Subscriber transmissions through
the service(s). Subscriber understands that this service is Person to Person
and that communications for commercial purposes is strictly prohibited. Spam
Opt-In messages are all prohibited from our networks. You can send messages
only other consumers via long code messages.
If you violate this rule your service will be terminated.
2.2 Registration, Passwords, and Privacy
In registering for the ContactMeAsap.com service(s), Subscriber
agrees to provide and maintain accurate and complete contact and identification
information. In registering, Subscriber will designate a phone number or phone
numbers, email address, and is responsible for maintaining the confidentiality
of these items. If Subscriber provides information that is, or that
ContactMeAsap.com suspects to be false, inaccurate, incomplete, or not current,
ContactMeAsap.com has the right to suspend or terminate service(s) and refuse
all current or future use of all service(s). In addition, ContactMeAsap.com
reserves the right to immediately disconnect Subscriber service at any time
without notice. Subscriber agrees to enter registered private telephone numbers
that are controlled by or under the common control of the Subscriber.
ContactMeAsap.com respects your privacy. Subscriber must immediately notify
ContactMeAsap.com if suspect of any breach of security such as loss, or
unauthorized disclosure or use of Subscriber account.
3. TERMS
The term of this agreement is a month-to-month contract. The
monthly fee charge is based on the plan Subscriber picked when setting up the
account; even if the Subscriber does not receive calls/messages, the monthly
fee will be still charged. Subscriber can cancel at any time. The term of the
service shall continue for as long as the Subscriber continues to maintain an
active account and for as many months thereafter as Subscriber chooses to
continue service. Active account is defined as an account that has a positive
balance enough to cover that subscriber monthly plan. No automatic billing, we
do not automaticly bill your credit card. The
agreement is only with the Subscriber. The account is non-transferable. The
Subscriber is responsible for paying all charges posted to their account,
including monthly plan charges, deposits, set up fees, and any other charges
associated with the account.
3.1 Providing Information to Authorities and Third Parties
If ContactMeAsap.com believes the service has been used for an
unlawful purpose, ContactMeAsap.com may forward the relevant communication and
other information including Subscriber identity, contact, and credit card
information to the appropriate authorities for investigation and/or
prosecution. Subscriber consents to the forwarding of any such communications
and information to all authorities as permitted by law. The ContactMeAsap.com
service(s) does not support 0+ or operator assisted calling including, without
limitation, collect calls, third party billing calls, 976, 900, 911/E911,
1010xxx, 411, 311, 511, and other N11 services, or calling card calls.
Subscriber should always have an alternative means for accessing 911 or similar
emergency services. ContactMeAsap.com is not intended as a replacement of
Subscribers primary phone service, such as traditional landline or mobile
phone.
3.2 Payment for Services
ContactMeAsap.com will charge Subscriber the rates in effect
under the Subscriber plan as published on the ContactMeAsap.com website (https://ContactMeAsap.com/) , plus any enhanced service charges or taxes at the time
of subscription. Such rates may be updated by ContactMeAsap.com from time to
time and will be effective when published on the Contactmeasap.com website. Printing
of photos is an additional service that will incur more costs than the standard
monthly subscription. These charges are provided BEFORE the inmate can purchase
the photos. Due to the different facility
rules, the photo prices vary depending on many factors including quantity, and
if the photobooks are necessary to send to Them to that facility. We will deduct the fees for the photos from
the inmate’s prepaid balance after they agree to the price and to the photo programs
terms and conditions. to that facility. The inmate will NEVER be asked to print
photos without telling them the exact Subscriber billing cycle starts on the
day a phone number is assigned to the Subscriber account. Subscriber agrees
that all payments will be made to ContactMeAsap.com via a valid credit or debit
card, including MasterCard, VISA, American Express, or Discover or if permitted
an ACH withdrawal from the Subscriber's legally owned checking account.
ContactMeAsap.com may change the accepted payment method at any time, at the
sole discretion of ContactMeAsap.com. Subscriber name and address as it appears
on the Subscribers account must also be on the credit account from which
payment is made. If Subscriber provides a credit card number that is accepted
for payment of Subscribers monthly bill, Subscriber authorizes
ContactMeAsap.com to charge the amounts owed, then or later, to that credit
card account and to demand immediate payment from the payment card issuer.
Every time Subscriber uses the ContactMeAsap.com service(s), Subscriber
re-affirms that ContactMeAsap.com is authorized to charge the Subscriber's
payment card. Subscriber agrees to authorize ContactMeAsap.com to charge
purchases made online to the credit card account supplied to ContactMeAsap.com
when the subscription was initiated, or the card on file when the purchase is
made. Subscriber agrees to pay all costs and expenses, including without
limitation, attorney's fees and costs incurred by ContactMeAsap.com to collect
any monies due under terms of this Agreement. Subscribers first month's service
is prepaid when the account is established. Fees and charges are published on
the ContactMeAsap.com website and are subject to change without notice.
ContactMeAsap.com may introduce new products and/or services at special
introductory pricing. ContactMeAsap.com reserves the right to bill Subscriber
more frequently if the account is behind or in default. Subscriber agrees that
the inmate may request photos be printed, and that is a charge that is in
addition to the monthly service fee. If you make a deposit more than the
monthly service fee the inmate may use those funds to purchase photos that will
be printed and mailed to his/her facility.
Subscriber agrees that Contactmeasap.com will not print or mail photos
that violate facility rules, if these photos are sent to the printer and we
find them during the printing process, we will remove them and provide a written
explanation to why they were not allowed. Refunds will not be issued for photos
that are not allowed by the facility. These photos will be printed and
destroyed. The subscriber is responsible for the content of the photos, we will
not print or mail any material that appears to promote racism, violence,
nudity, gang activity sexual explicit photos.
3.3 Fees upon Disconnection
Disconnection by Subscriber.
If Subscriber attempts to disconnect service(s) before the end
of the current service term, Subscriber is responsible for all charges in the
current term, including unbilled charges, plus any disconnection fee. In
addition, if Subscriber disconnects service(s) that are based upon a
predetermined commitment before the end of said commitment, Subscriber agrees
to pay ContactMeAsap.com the applicable recovery fees.
Disconnection by ContactMeAsap.com Without Reason.
If ContactMeAsap.com discontinues Subscriber service(s) without
a stated reason, Subscriber will only be responsible for the charges that have
accrued through the date of the disconnection including a pro-rated portion of
the final service(s) term charges and any recovery fees.
Disconnection by ContactMeAsap.com With a Reason.
If ContactMeAsap.com disconnects Subscriber service for any
valid reason, Subscriber will be responsible for all charges through the end of
the current service(s) term, including unbilled charges plus any disconnection
charges and any recovery charges. All charges owed at the time of disconnection
will be immediately payable. ContactMeAsap.com will pursue collection for
unpaid amounts on disconnected accounts and may report these unpaid charges to
the credit bureaus.
3.4 Rebate and other Recovery Fees.
Any product or service you purchase from ContactMeAsap.com that
includes a rebate or benefit that is conditioned on maintaining any ContactMeAsap.com
for a particular length of time, and if you disconnect the service before the
service period ends, you agree to pay us the applicable recovery fee. A
recovery fee is equal to the difference between the price you paid to us and
the advertised regular price of the product or service at the time you received
it. Any recovery fees are cumulative and are in addition to any other amounts
you may owe us, including any disconnection fees.
3.5 Billing and Payment
Billing - When subscribing to the ContactMeAsap.com service(s),
Subscriber must provide ContactMeAsap.com with a valid email address and an
accepted payment method. ContactMeAsap.com reserves the right to stop accepting
the Subscriber's payment method or the Subscriber's payments. Subscriber must advise
ContactMeAsap.com immediately if the payment method expires, the account is
closed, the billing address changes, the email address changes, or the payment
method is cancelled and replaced due to loss or theft. Except for usage-based
charges, ContactMeAsap.com will bill in advance to the Subscriber payment
method all charges, fees, taxes, and surcharges for each service(s) term.
ContactMeAsap.com will automatically charge the Subscribers credit card on file
monthly or yearly from the day ContactMeAsap.com collected full payment for
service(s) and issued the phone number. Payment - When subscribing to the
ContactMeAsap.com service(s), Subscriber authorizes ContactMeAsap.com to
collect from the Subscribers payment method. This authorization will remain valid
until 30 days after Subscriber terminates the ContactMeAsap.com authority to
charge the Subscribers payment method. ContactMeAsap.com will charge Subscriber
a disconnection fee and any other outstanding charges upon disconnecting the
service.
3.6 Collection
If ContactMeAsap.com disconnects the Subscriber service(s),
Subscriber is responsible for all charges under this agreement and any costs
incurred by ContactMeAsap.com to collect said charges, including, but not
limited to, collection agency fees, reasonable attorney's fees.
3.7 Notices
Subscriber understands it is difficult for ContactMeAsap.com to
distinguish between credit and debit cards. Subscriber agrees to waive all
rights under Regulation "E" ELECTRONIC FUND TRANSFERS of the Federal
Deposit Insurance Corporation laws and regulations, to receive 10 days advanced
notice from ContactMeAsap.com regarding the amount to be debited from the
Subscribers payment method. While ContactMeAsap.com may provide billing messages
from time to time, ContactMeAsap.com is not obligated to do so.
ContactMeAsap.com may change or cease said messages at any time without notice
to the Subscriber.
3.8 Billing Disputes
If you want to dispute any ContactMeAsap.com charges on your
statement, you must notify us within seven (7) days after you receive your
statement from your bank or credit card issuer. If you do not dispute the
charges within seven (7) days, you waive any right to contest the charges. To
dispute a charge on your statement, you must contact us in writing to
Contactmeasap.com P.O BOX 148 Carver, Mn 55318 or by e-mail at
custservice@ContactMeAsap.com.
3.9 Cancellations and Refunds
Refunds are granted at the full discretion of ContactMeAsap.com,
and ContactMeAsap.com has the right to deny all refunds. ALL SETUP FEES,
SECONDARY LINE CHARGES, SERVICE CHARGES, TRANSFER CHARGES,
3.10 Termination of Service
No one other than the account holder can authorize cancellation
of the account. Accounts must be cancelled by sending a support request (by the
inmate), or in writing to ContactMeAsap P.O BOX 148
Carver, Mn 55318 If an appropriate form of termination is not used, Subscriber
will remain responsible for all costs and fees associated with the account.
3.11 Promotional and Discount Funds
Promotional and Discount funds are non-refundable and must be
used for their intended purpose only. ContactMeAsap.com may offer discounts or promotions
from time to time. These offers are non-refundable and non-transferable.
3.12 Default/Negative Balance on Account
Should any Subscriber of ContactMeAsap.com service(s) have a
negative balance on a pre-paid account for more than thirty (30) days;
ContactMeAsap.com will have the right to assume the account is in default, to
close the account, and to proceed with a remedy for collection. Subscriber
agrees to be responsible for any ContactMeAsap.com and/or third-party
collection company fees, attorney fees and costs, or all fees associated with
the Subscriber's default account. Reactivation of this account is only possible
after the negative balance is paid in full and any reactivation or late charges
that may become due are also paid in full. If this Agreement is terminated
because of Subscriber's default, ContactMeAsap.com may keep any charges or sums
prepaid by Subscriber upon termination. ContactMeAsap.com may require
reactivation charges to renew service(s) after termination or suspension thereof.
Any negative balance upon closing of the account shall have any outstanding
balance charged to the credit card on file.
4. DISPUTE RESOLUTION AND BINDING ARBITRATION
It is important to thoroughly read and understand this entire
section. This section provides for and mandates dispute resolution via a
binding arbitration before a neutral arbitrator instead of a judge or jury for
disputes or claims arising under this Agreement.
4.1 DISPUTE NOTIFICATION
All disputes or claims arising under this Agreement shall be
presented in writing to the other party. If the parties are unable to resolve
the dispute or claim within thirty (30) days of receipt of written notice
thereof, the dispute or claim shall be arbitrated by a mutually agreed upon
neutral third party. This agreement to arbitrate is intended to be given the
broadest possible meaning under the law including, but not limited to, disputes
and claims arising out of or relating to any aspect of the relationship between
Subscriber and ContactMeAsap.com, whether based in contract, tort, statute,
fraud, misrepresentation, or any other legal theory; disputes and claims that
arose before this or any prior agreement (including, but not limited to, claims
relating to advertising); disputes and claims that may arise after the
termination of this Agreement; disputes and claims that are currently the
subject of individual litigation; disputes and claims that are currently the
subject of purported class action litigation in which Subscriber is not a
member of a certified class; and disputes and claims concerning the scope of
this arbitration provision. Reference to ContactMeAsap.com and Subscriber
include their respective subsidiaries, affiliates, agents, employees,
predecessors in interest, and successors and assigns, as well as all authorized
or unauthorized users or beneficiaries of the service under this Agreement or
any prior agreements between Subscriber and ContactMeAsap.com.
4.2 Waiver of Jury Trial
Subscriber and ContactMeAsap.com agree to waive the right to a
trial by jury, by entering into this Agreement.
5. MONITORING
We may monitor the use of our service for violations of this agreement.This includes using artificial
intelligence to read messages and detect illegal activity. We may remove or block all communications if
we suspect a violation of this agreement, or if we think it is necessary in order
to protect our service, the public, the safety and security of a correctional
facility. ContactMeAsap.com, affiliates, directors, officers, agents, and
employees from harm.
6. NO THIRD-PARTY BENEFICIARIES
If you are not a part to this agreement, you do not have any
remedy, claim, liability, reimbursement, or cause of action. This agreement
does not create any third-party beneficiary rights.
7. ENTIRE AGREEMENT
This Agreement, including any future modifications to its terms,
and the rates for services found on our web site constitute the entire
agreement between you and ContactMeAsap.com. This Agreement governs your use of
our service and the use of our services by the members of your household and
your guests and employees. This agreement supersedes any/all prior or
contemporaneous agreements, statements, understandings, writings, commitments,
or representations concerning its subject matter.
8. CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this agreement from
time to time. By subscribing to our service, you agree that we may provide to
you by use of electronic communications, any required notices, agreements,
changes to agreements, and other information regarding ContactMeAsap.com's
service(s). It is the Subscriber's responsibility to review the terms clearly
posted on the company website to be aware of any changes made. Changes will
become binding on the date they are posted on the company website. When posted,
this agreement supersedes all previously agreed to electronic and written terms
of service, including, without limitation, any terms. If you continue to use
our service, we will consider this your acceptance of any changes.
9. PRIVACY POLICY
We do not sell your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority. We may, in some circumstances, provide your information to trusted parties for purposes such as: complying with court orders and other legal processes or procedures as dictated by Federal, State or Local government entities; enforcing our agreements and property rights and obtaining payment for our products and services, including the transfer of delinquent accounts to trusted parties for collection.
Text Message Privacy, Phone numbers opted-in for text messages will not be shared with third party's or partners.
10. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
10.1 As is Services.
You agree that our services are provided "as is,"
except to the extent provided below.
10.2 No Warranties on Service.
We make no warranties, express or implied, including but not
limited to, any implied warranties of merchantability, fitness of the service
or device for a particular purpose, title or non-infringement or any warranty
arising by usage of trade, course of dealing or course of performance. In addition,
we do not warrant that the service or device will be without failure, delay,
interruption, error, omission, degradation of voice quality, or loss of
content, data, or information. Neither ContactMeAsap.com nor its officers,
directors, employees, affiliates or agents, or any other service provider or
vendor who furnishes services, devices, or products to the customer for our
service will be liable for unauthorized access to our or your transmission
facilities or premises or equipment or for unauthorized access to, or
alteration, theft, or destruction of, customer's data files, programs,
procedures, or information through accident, fraudulent means, devices, or any
other method, regardless of whether such damage occurs as a result of ContactMeAsap.com's or its service providers' or vendors'
negligence. Statements and descriptions concerning our service or device, if
any, by ContactMeAsap.com or ContactMeAsap.com's
agents or installers are informational and are not given as a warranty of any
kind.
10.3 DISCLAIMER OF WARRANTIES.
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT
NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY
WARRANTY. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES
PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH
THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN
SUBSCRIBERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. OTHER THAN
EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR
DEVICE, FOLLOWING THE TERM OF THE LIMITED WARRANTY, WE MAKE NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, FOLLOWING THE TERM OF
THE LIMITED WARRANTY, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY
USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY
THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL
MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR
LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
10.4 No Credit Allowances for Interruption of ContactMeAsap.com
Service.
We will not give you credit for any interruption of
ContactMeAsap.com service, including international calling services or rejected
photos printed.
10.5 Limitation of Liability.
We will not be liable for any delay or failure to provide
service at any time or any interruption or degradation of voice quality that is
caused by any of the following:
Third party act or omission - any act or omission of an
underlying carrier, service provider, vendor, prison, prison phone provider, or
other third party.
Equipment failure - any equipment, network, or facility failure.
Equipment modification - any equipment, network, or facility
upgrade or modification.
Force majeure - any force majeure events such as (but not
limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of
terrorism, and government actions.
Equipment shortage - any equipment, network, or facility
shortage.
Equipment relocation - any equipment or facility relocation.
Loss of power - any service, equipment, network, or facility
failure caused by the loss of power to you.
Outages - any outage of, or blocking of ports by, your ISP or
broadband service provider or other impediment to usage of service caused by
any third party.
Acts or omissions - any act or omission by you or any person
using our service, or the device provided to you; or
Other causes - any other cause that is beyond our control,
including, without limitation, a failure of or defect in any device, the
failure of an incoming or outgoing communication, the inability of
communications to be connected or completed, or forwarded.
10.6 Disclaimer of Liability for Damages.
In no event will ContactMeAsap.com, its officers, directors,
employees, affiliates or agents or any other service provider who furnishes
services or devices to you in connection with our service be liable for any
damages, including but not limited to personal injury, wrongful death, property
damage, loss of data, loss of revenue or profits, or damages arising out of or
in connection with the use or inability to use a device or the service,
including inability to access emergency service personnel through the E911,
basic 911, or emergency routing services or to obtain emergency help. These
limitations apply to claims founded in breach of contract, breach of warranty,
product liability, tort, and all other theories of liability. These limitations
apply whether or not we were informed of the
likelihood of any particular type of damages. Some States do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
10.7 Limit on total liability.
Our total liability under this agreement will not exceed the
service charges for the affected time period. ContactMeAsap.com will not be
responsible for third party fees or charges, including but not limited to,
banking fees, overdraft fees, cellular phone or other wireline charges,
technician charges, or other similar charges.
11. INDEMNITY
Subscriber agrees to defend, indemnify and hold harmless
ContactMeAsap.com, our directors, officers, employees, agents, vendors and
affiliates from and against all claims, losses, liabilities (including attorney
fees), damages, costs and expenses, in any way arising from or related to
Subscriber use of the service(s) including, without limitation, your violation
of this Agreement, or your communication of any content on or through the
service(s). Subscriber agrees that ContactMeAsap.com shall not be responsible
or liable in any way for deactivation or deletion of accounts or for loss of
voice mails, communications, e-mail, data or information as a result of, or
arising out of, administration of the service(s), whether you are given prior
notice thereof. If Subscriber cancels the service, Subscribers' number(s) may
be made available to other Subscribers.
12. PROPRIETARY RIGHTS
ContactMeAsap.com shall retain all right, title, and interest to
the service(s) including all copyrights, trademarks, patents, and all other
intellectual property rights thereto, including without limitation with respect
to all technology and telephone numbers used in connection with or provided as
part of the service(s). Subscriber may not, nor allow any third party to,
access, copy, distribute, sell, disclose, lend, transfer, convey, modify,
decompile, disassemble, or reverse engineer the service(s) for any purpose
whatsoever. The copyright notices and other proprietary legends shall not be
removed from the service(s), and no right to use any trademark is granted under
this Agreement. Subscriber may not grant any sublicense, lease, or other right
in the service(s) to any third party. All rights not expressly granted under
this Agreement are retained ContactMeAsap.com.
13. COPYRIGHT & TRADEMARK
Our website content, our materials, services, logs, service
marks and trademarks are protected by trademark, copyright, or other
intellectual property laws, and international treaty provisions. Infringement
by you may result in civil or criminal prosecution.
14. GOVERNING LAW
The law of the state of Minnesota will govern this Agreement as
well as the relationship between you and us, except to the extent such law is
preempted by or inconsistent with applicable federal law. Because this
Agreement is a transaction in interstate commerce, the Federal Arbitration Act
("FAA"), and not state arbitration law, shall govern the
interpretation and enforcement of the arbitration provision in Section 5.
15. SURVIVAL
The provisions of this Agreement that by their sense and context
are intended to survive the termination or expiration of this Agreement shall
survive.
16. LEGAL AGE
You promise that you are of legal age to enter into this
Agreement and that you have read and understand fully its terms and conditions.
17. SEVERABILITY
If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement will remain valid and
enforceable. This invalidity or non-enforceability will not invalidate or
render unenforceable any other portion of this Agreement.