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Terms and Conditions
1. Acknowledgment and Acceptance of these Terms and Conditions of
Use (the Agreement)
Subject to the following Terms and
Conditions of use, Ouriptel
is providing you (the END USER) with
telecommunication and Internet services
(Ouriptel
SERVICE) .
By accessing this site and/or
registering or using the SERVICE, you
acknowledge receiving, reading and
understanding this General Service
Agreement (AGREEMENT) and accept the
Terms and Conditions of use herein. If
you do not agree to these Terms and
Conditions of use, please do not use the
site or the Ouriptel
SERVICE. Ouriptel reserves
the right, at its discretion, to update
or revise these Terms and Conditions of
use. Each time you log in or otherwise
access this site or use the
Ouriptel SERVICE following the
posting of any changes to the Terms and
Conditions of use, you hereby accept
these changes regardless of whether you
have checked or visited the Terms and
Conditions of use portion of the site.
These Terms and Conditions of use
govern the use of the site and the
service by viewers and other users.
2. Conduct
You are solely responsible for actions
and the content of your transmissions
through or in connection with the
Ouriptel
SERVICE, it being understood that
each of your employees act on behalf of
any Ouriptel
customer with which such employee
is associated in all actions and
submissions on or in connection with the
SERVICE. You agree:
(a) to abide by all applicable local,
state, national, and international laws
and regulations in your use of the
Ouriptel SERVICE;
(b) not to use the Ouriptel
SERVICE for illegal purposes;
(c) without authorization from the
owner, not to use or attempt to use
another person's or entity's account,
telephone number, Ouriptel
SERVICE, system or other Confidential
Access Information;
(d) to comply with all laws regarding
the transmission of voice or technical
data (including all export laws,
regulations, and restrictions of
Australia);
(e) not to make unsolicited contact,
stalk, threaten, or harass anyone
through, in connection with, or
utilizing any data collected through the
Ouriptel SERVICE;
(f) that Ouriptel
neither endorses the content of any of
your communications nor assumes any
responsibility for any threatening,
libelous, obscene, harassing or
offensive material contained in such
materials, or any crime facilitated by
use of the Ouriptel
SERVICE;
(g) not to interfere or disrupt networks
connected to the Ouriptel
SERVICE or otherwise attempt to
interfere with the proper function of
the Ouriptel SERVICE;
and
(h) not to attempt to obtain
unauthorized access to the
Ouriptel SERVICE.
Ouriptel, at its sole
discretion may immediately terminate
your access to the Ouriptel
SERVICE and/or this site should your
conduct fail to conform to any provision
of this AGREEMENT.
3. Terms of Use for Free IP telephony to IP telephony account
For the free IP to IP user, the
Ouriptel SERVICE is
provided to you for your personal use.
This means that you are not to use it
for any other activity that would be
inconsistent with normal personal usage
patterns. This also means that you are
not to resell, package with equipment or
transfer the
Ouriptel
SERVICE to any other person for any
purpose, or make any charge for the use
of the
Ouriptel
SERVICE, without express written
permission from
Ouriptel.
Ouriptel
reserves the right to immediately
terminate or modify the
Ouriptel
SERVICE if it is determined, in its sole
discretion, that a customer's
Ouriptel
SERVICE is being used for non-personal
use.
4.
Terms of Use for Individual
Ouriptel
SERVICE
For Individual Ouriptel
SERVICE users, the Ouriptel
SERVICE is provided to you as an
individual user, for your personal use.
This means that you are not to use it
for any autodialing, continuous or
extensive call forwarding, fax
broadcast, fax blasting or any other
activity that would be inconsistent with
normal individual usage patterns. This
also means that you are not to resell or
transfer the Ouriptel
SERVICE to any other person for any
purpose, or make any charge for the use
of the Ouriptel
SERVICE, without express written
permission from Ouriptel.
5. Terms of Use for Business SERVICE
For the Business Ouriptel
SERVICE user, the Ouriptel
SERVICE is provided to you as a business
user. This means that you are not to
resell or transfer the Ouriptel
SERVICE to any other person for any
purpose, without express written
permission from Ouriptel.
You agree that the business plans do
not confer the right to use the
Ouriptel SERVICE for
auto-dialing, continuous or extensive
call forwarding, (including without
limitation charitable or political
solicitation or polling), fax
broadcasting or fax blasting. Ouriptel
reserves the right to
immediately terminate or modify the
SERVICE, if it determines, in its sole
discretion, that the Business SERVICE is
being used for any of the activities
mentioned above.
6. Termination/Upgrade/Downgrade of Monthly Calling Plans
For Ouriptel Individual
or Business monthly plan users, the
Ouriptel SERVICE is
provided on a monthly basis. The
monthly plan activation date is deemed
the anniversary date. The monthly plan
will renew each month on the anniversary
date unless you terminate it. You must
provide a notice of termination in
writing via email to the
Ouriptel email address at least
two days prior to the anniversary date.
Monthly plan fees will not be prorated
and/or refunded for the termination
month. Notice of termination received
after the required notice date will be
effective for the next anniversary date.
A set-up fee will be charged to
reactivate plans that were previously
terminated. Requests to upgrade or
downgrade a monthly calling plan to a
different calling plan must be submitted
in writing (as set out above) to the
email address of record. Any request to
change an existing plan must be
submitted at least five days prior to
the monthly anniversary date. Requests
to upgrade or downgrade a monthly plan
are not automatic and are subject to
approval by Ouriptel.
Existing monthly plan customers that
receive approval to change to a more
expensive (upgrade) monthly plan may do
so without having to pay another set-up
fee. Existing monthly plan customers
that receive approval to change to a
less expensive (downgrade) monthly plan
may be required to pay another set-up
fee.
7. Prohibited Uses
Any End User's use of the
Ouriptel SERVICE, or any other
action that causes a disruption in the
network, the integrity of the
Ouriptel SERVICE or its
vendors, whether directly or indirectly,
is strictly prohibited and could result
in termination of the Ouriptel
SERVICE and/or payment for damages
relating to such conduct. The End User
understands that neither the
Ouriptel vendors nor
Ouriptel is responsible for the
content of the transmissions that may
pass through the Internet and/or the
Ouriptel SERVICE. You agree
that you will NOT use the
Ouriptel SERVICE in ways that
violate laws, infringe on the rights of
others, or interfere with the users,
services, or equipment of the network.
You agree and represent that you are
using the Ouriptel
SERVICE for your own internal use only,
and that you shall not resell the
Ouriptel SERVICE. The
Ouriptel SERVICE is solely for
your personal, residential and
reasonable business use. Such use shall
not include certain activities,
including but not limited to any
autodialing, continuous or extensive
call forwarding, continuous
connectivity, fax broadcast, fax
blasting, or any other activity that
would be inconsistent with personal,
residential and reasonable business use
patterns.
8. Changes to the Terms and Conditions of Use and Ouriptel
SERVICE
Ouriptel may change
these Terms and Conditions of Use from
time to time at its discretion without
prior notice. Ouriptel
reserves the right to change, suspend or
cancel the Ouriptel
SERVICE, temporarily or permanently,
with or without notice to the End User.
Ouriptel will not be
liable to either you or any third party
in the event that Ouriptel
exercises this right.
9. Telephone Numbers
Any telephone number provided to you
(the Number) shall be treated as being
leased (not sold) to you. Therefore,
you shall not obtain any rights, title
or interest in the Number. The Number
is not portable to other service
providers. You are not to use the
Number with any other device other than
the approved equipment (the Equipment)
without the express written permission
of Ouriptel.
Ouriptel reserves the right to
change, cancel or move the Number at its
discretion. Upon expiration,
cancellation or termination of the
Ouriptel SERVICE, you shall
relinquish and discontinue use of any
telephone numbers, voice mail access
numbers and/or web portals assigned to
you by Ouriptel.
10. Fees
Ouriptel does not
currently charge any fees to use the
free Internet calling Ouriptel
SERVICE for IP to IP users on its
network. Ouriptel,
however,
reserves the right to change this policy
at its sole discretion without prior
notice. You may then be responsible for
paying the costs for any software,
hardware, or internet/broadband
connection charges necessary to access
and use the Ouriptel
SERVICE.
11. Payment
All Ouriptel paid
services Ouriptel may
at it sole discretion provide accounts
for use of the Ouriptel
SERVICE to business customers. The
process for providing an account will
require a credit assessment of your
business by Ouriptel.
Ouriptel may at it sole
discretion provide a trial period for
testing the Ouriptel
SERVICE to selected customers or as part
of a special introductory offer. If
Ouriptel has agreed to
such a trial period, the time limit of
this trial period will be clearly
defined (usually the trial period is for
14 days). If the customer decides he
does not want to proceed with the
Ouriptel SERVICE and notifies
Ouriptel within the
timeframe of the trial period,
Ouriptel will remove its
equipment, and the customer will be
responsible to return the equipment in
the condition it was provided and allow
access to Ouriptel to remove it.
The customer will be required to pay:
-
the charges for any calls made by
the customer. These will be charged
at the posted rates for calls made
using the Ouriptel
SERVICE
-
any hardware damage which has
occurred during the trail period.
Ouriptel reserves the right to review your credit as
need, and to perform an annual review.
12. Late/Non-payment
In its sole discretion and at any time,
Ouriptel may terminate
your Ouriptel SERVICE
if any charge to your authorised account
or credit card on file is declined or
reversed, your credit card expires and
you have not provided Ouriptel
with a valid replacement credit card or
in case of any other non-payment of
account charges.
13. Billing
You must pay your account within 14 days
of month end to Ouriptel
via cheque, direct deposit or by a valid
credit card number (Visa, MasterCard,
American Express or any other card
issuer accepted by Ouriptel)
Ouriptel reserves the
right to change the range of credit
cards that it accepts for payment of
fees and charges. If this occurs then
Ouriptel will inform
all Users who have authorised that card
type for the payment of fees and charges
requesting them to provide an
alternative method of payment. If the
authorised credit card expires, you
close your credit card/bank account,
your billing address changes, or the
authorised credit card is cancelled and
replaced owing to loss or theft, you
must advise Ouriptel
immediately. Such billing changes will
include monthly SERVICE fees, applicable
taxes and any other applicable charges.
Monthly SERVICE fees, including but not
limited to monthly recurring charges.
14. Taxes
You are responsible for, and shall pay,
any applicable federal, state,
provincial, municipal, local or other
government fees and charges, excise,
GST, personal property, public utility
or other taxes, fees or charges now in
force or enacted in the future, that
arise from or are as a result of your
subscription or use or payment for the
Ouriptel SERVICE or a Device.
Such amounts are in addition to payment
for the Ouriptel
SERVICE or Devices and will be billed to
your account or authorised credit
card/bank account as set forth in this
Agreement.
15. Technical Support
Ouriptel provides you
with technical support at its sole
discretion and is limited to the
Ouriptel SERVICE and
Ouriptel Equipment provided as
part of an Ouriptel
agreement. Help Desk support is
rendered by Ouriptel,
and is available by phone and email
during business hours (being 9 00am to 5
00pm Eastern Standard Time), and via
email at times outside these business
hours. Help Desk support for other
applications and uses than is detailed
in this agreement are neither provided
or implied.
16. Termination
In its sole discretion, Ouriptel
reserves the right to suspend or
discontinue your access to all or part
of its site or the Ouriptel
SERVICE, with or without notice. Ouriptel
will not be liable to you or any third
party for termination of the
Ouriptel SERVICE.
17. Indemnification
You agree to defend, indemnify and hold
harmless, Ouriptel, its
directors, officers, shareholders,
affiliates, agents, successors, assigns
and vendors, from any claims or damages
relating to these Terms and Conditions
of Use or a breach or violation of this
Agreement, including reasonable
attorneys' fees.
18. Critical Components: All clauses relating to 000 number do
not apply to Business Gateway customers
000 services via gateways are delivered
via the PSTN network and operate as
normal phone systems without any need
for modification.
EMERGENCY SERVICES - 000 Service
18.1 Registration of Physical Location Required for Emergency
Response Centre Access. (SIP service
Only) All business gateways divert 000
emergency calls directly via the PSTN
network.
You acknowledge and understand that for
each interconnected Number that you use
for the Ouriptel
Service, you must register the physical
location where you will be using the
Ouriptel Service with that
Number with Ouriptel .
When you move the Device to another
location, you must register your new
location with Ouriptel
. If you do not
register your new location with
Ouriptel , any call you make to
the OOO Emergency response Centre
service (000 Service) feature may be
sent to an Emergency Response Centre
near your old address. You will
register your initial location of use
with Ouriptel when you
subscribe to the Ouriptel
SERVICE. Thereafter, you may register a
new location by logging into your
control panel and clicking on the
“update 000 info” button located next to
your Number on the “DID Numbers” page.
For purposes of the 000 feature, you
may only register one location at a time
for each phone line you use with the
Ouriptel SERVICE.
18.2 Confirmation of Activation Required.
You acknowledge and understand that your
000 Emergency response Centre Service
will not be activated for any phone line
that you are using with the
Ouriptel SERVICE, unless and
until you have submitted a verified
address.
18.3 How Emergency Personnel are contacted.
You acknowledge and understand that 000
Emergency Response Centre contracts with
a third party to use the address of your
registered location to determine the
nearest Emergency Response Centre. You
hereby authorize Ouriptel
to disclose your name and address to
third-party service providers,
including, but without limitation, call
routers, call centres and public service
answering points, for the purpose of
dispatching emergency services personnel
to your registered location.
18.4 SERVICE Outages.
(a) Ouriptel
SERVICE Outages Due to Power Failure or
Disruption. (Applies to Sip Services
Only)
You acknowledge and understand that the
000 Emergency Response Centre service
will not function in the event of a
power failure or disruption. If there
is an interruption in the power supply,
the Ouriptel SERVICE,
including the 000 Emergency Response
Centre service, will not function until
power is restored. Following a power
failure or disruption, you may need to
reset or reconfigure the
Ouriptel Device prior to
utilizing the Ouriptel
SERVICE, including the 000 Emergency
Response Centre service.
(b) Ouriptel SERVICE
Outages Due to Internet Outage or
Suspension or Termination of Broadband
SERVICE or ISP Service.
You acknowledge and understand that
SERVICE outages or suspensions or
terminations of service by your
broadband provider or ISP will prevent
the Ouriptel SERVICE,
including the 000 Emergency Response
Centre service, from functioning.
(c) Ouriptel SERVICE
Outage Due to Suspension or Termination
of Your Account.
You acknowledge and understand that
Ouriptel SERVICE outages due to
suspension or termination of your
account will prevent the
Ouriptel SERVICE.
(d) SERVICE Outages Due to ISP or
Broadband Provider Blocking of Ports or
Other Acts. (Does not apply to
Business Gateway customers)
You acknowledge and understand that
you’re ISP or broadband provider or
other third party may intentionally or
inadvertently block the ports over which
the Ouriptel SERVICE is
provided or otherwise impede the usage
of the Ouriptel
SERVICE. In that event, provided that
you alert Ouriptel to
this situation, Ouriptel
will attempt to resolve the issue.
During the period that the ports are
being blocked or your Ouriptel
SERVICE is impeded, and unless and until
the blocking or impediment is removed or
the blocking or impediment is otherwise
resolved, your Ouriptel
SERVICE, including the 000 Emergency
Response Centre service feature, may not
function. You acknowledge that
Ouriptel is not responsible for
the blocking of ports by your ISP or
broadband provider or any other
impediment to your usage of the
Ouriptel SERVICE, and any loss
of Ouriptel SERVICE,
including 000 Emergency Response Centre
service, that may result. In the event
you lose Ouriptel
SERVICE as a result of blocking of ports
or any other impediment to your usage of
the Ouriptel SERVICE,
you will continue to be responsible for
payment of the Ouriptel
SERVICE charges unless and until you
terminate the Ouriptel
SERVICE in accordance with this
Agreement.
(e) Other Ouriptel
SERVICE Outages.
You acknowledge and understand that if,
for any reason, there is a
Ouriptel SERVICE outage, such
outage will prevent all Ouriptel
SERVICE, including the Emergency
Response Centre 000 service, from
functioning.
18.6 Re-Verifying Your Address if Required
If you
change your number or add or port new
numbers, you acknowledge and understand
that the 000 emergency Response Centre
service will not function unless and
until you successfully register your
location of use for each changed, newly
added or newly ported phone number.
18.7 Network Congestion; Reduced Speed for Routing or Answering
000 Emergency Response Centre Service
Calls.
You acknowledge and understand that
there may be a greater possibility of
network congestion and/or reduced speed
in the routing of a 000 Emergency
Response Centre service call made
utilizing the Ouriptel
SERVICE as compared to traditional 000
Emergency Response Centre service over
traditional public telephone networks.
18.8 Possible Lack of Automatic Number Identification.
You acknowledge and understand that it
may or may not be possible for the local
emergency personnel to automatically
obtain your phone number when you use
the 000 Emergency Response Centre
service (the 000 Service) with a SIP
only service. As a result,
the operator who answers your 000
Service call may not be able to
automatically obtain your phone number
and call you back if the call is not
completed or is not forwarded, is
dropped or disconnected, if you are
unable to speak to tell the operator
your phone number, or if the 000 Service
is not operational for any reason.
18.9 No Automated Location Identification.
You acknowledge and understand that in
most service areas, it is not possible
to transmit to the local emergency
response centre, the address that you
registered for 000 Service. You will
need to state the nature of your
emergency promptly and clearly,
including your location (and possibly
your telephone number), as the operator
may not have this information.
Emergency personnel will not be able to
find your location if the call is not
completed or is not forwarded, is
dropped or disconnected, if you are
unable to speak to tell the operator
your location, or if the
Ouriptel SERVICE is not
operational for any reason.
18.10 Disclaimer of Liability and Indemnification.
You acknowledge and understand that
Ouriptel does not have
any control over whether, or the manner
in which, calls using our 000 Service
are answered or addressed by any local
emergency response centre. Ouriptel
disclaims all responsibility for the
conduct of local emergency response
centres.
You acknowledge and understand that
Ouriptel relies on
third parties to assist it in routing
000 Service calls to local emergency
response centres. Ouriptel
disclaims any and all liability or
responsibility in the event such third
party data used to route calls is
incorrect or yields an erroneous result.
Neither Ouriptel
, nor its officers or
employees, may be held liable for any
claim, damage, or loss, and you hereby
waive any and all such claims or causes
of action, arising from or relating to
our 000 Service unless such claims or
causes of action arose from
Ouriptel ’s gross negligence,
recklessness or wilful misconduct. You
shall defend, indemnify, and hold
harmless Ouriptel
, and or any of its
subsidiaries, officers, directors,
employees, affiliates and agents and any
other service provider who furnishes
services to you in connection the
Ouriptel SERVICE, from
any and all claims, losses, damages,
fines, penalties, costs and expenses
(including, but without limitation,
attorneys fees) by, or on behalf of, you
or any third party relating to the
absence, failure or outage of the
Ouriptel SERVICE,
including 000 Service, incorrectly
routed 000 Service calls, and/or the
inability of any user of the
Ouriptel SERVICE to be able to
use 000 Service or access emergency
service personnel.
18.11 Alternate 000 Arrangements.
You acknowledge and understand that
Ouriptel strongly
encourages you to have an alternate
means of accessing traditional 000
Services should you decide to terminate
the Ouriptel SERVICE. Ouriptel
does not recommend you rely on a
non-traditional 000 service in an
emergency.
18.12 000 Fees.
You acknowledge and understand that
Ouriptel may charge a
fee for each call made to the 000
Service.
18.13 Abuse.
You acknowledge and understand that
abusing the 000 Service, by making false
or prank calls are a crime. If you
commit such an act, your account will be
terminated and your local and state
governments may prosecute you.
19. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by
applicable law, Ouriptel
disclaims all warranties, express or
implied, including, but not limited to,
implied warranties of merchantability
and fitness for a particular purpose and
non-infringement. Ouriptel
does not warrant that this site, e-mail
sent from this site, Ouriptel’s
equipment and servers, or
the Ouriptel SERVICE is
free of viruses or other harmful
components. Ouriptel
will not be liable for any damages of
any kind arising from the use of or
inability to use this site, including,
but not limited to direct, indirect,
incidental, punitive, special, exemplary
and consequential damages. This
limitation applies whether the alleged
liability is based on contract, tort,
negligence, strict liability, or any
other basis, even if Ouriptel
has been advised of the possibility of
such damage. Ouriptel
makes no representations or warranties
of any kind express or implied, as to
the operation of this site and/or the
Ouriptel SERVICE or the
information, content, materials, or
products included on this site.
Ouriptel makes no warranty
that:
(i) this site or the Ouriptel
SERVICE will meet your requirements,
(ii) this site or Ouriptel
SERVICE will be uninterrupted, timely,
entirely secure or error-free,
(iii) the results that may be obtained
from the use of this site or
Ouriptel SERVICE will be
accurate or reliable,
(iv) the quality of any products,
services, information, or other material
purchased or obtained by you through
this site or Ouriptel
SERVICE will meet your expectations, and
(v) any errors in this site or the
Ouriptel SERVICE will be
corrected.
Ouriptel will not be
liable for any direct, indirect,
consequential, incidental or special
damages, whether foreseeable or not,
which may result from use or access to
this site and/or the Ouriptel
SERVICE. You understand and agree that
the use of this site and/or the
Ouriptel SERVICE is at your
sole risk and discretion and is on an
"as is" and "as available" basis. You
also understand and agree that you will
be solely responsible for any damage
resulting from your use of this site or
the Ouriptel SERVICE,
including damage to your computer system
or loss of data that results from
material or data that is downloaded from
this site.
Ouriptel is not
responsible for the content on the
Internet or the World Wide Web not
otherwise located on this site. As a
convenience to you, Ouriptel
may provide links to resources that are
beyond its control. Ouriptel
makes no representations as to the
quality, suitability, functionality or
legality of any sites to which it may
provide links, and you hereby waives any
such potential claim you may have
against Ouriptel.
20. No Consequential Damages
In no event shall Ouriptel
, its officers,
directors, employees, affiliates,
agents, successors, assigns or any other
service provider who furnishes services
to you in connection with this Agreement
or the Ouriptel SERVICE
be liable for any incidental, indirect,
special, punitive, exemplary or
consequential damages, or for any other
damages, including but not limited to
loss of data, loss of revenue or
profits, or arising out of or in
connection with the use or inability to
use the Ouriptel
SERVICE, including inability to be able
to dial the 000 Service or to access
emergency service personnel through the
Ouriptel SIP ONLY
SERVICE. The limitations set forth
herein apply to claims founded in breach
of contract, breach of warranty,
products liability, tort and any and all
other theories of liability and apply
whether or not Ouriptel
was informed of the likelihood of any
particular type of damages.
21. Your Remedies for Breach of these Terms and Conditions of Use
In the event that Ouriptel
determines, at its sole discretion, that
you have breached any portion of these
Terms and Conditions of Use, or have
otherwise demonstrated conduct
inappropriate for our site,
Ouriptel reserves the right to:
-
warn you via email that you have
violated this Agreement;
-
delete any or all content provided
by you or your agent(s) to this site
-
discontinue your access to the
Ouriptel SERVICE or this
site
-
notify and/or send content to and/or
fully cooperate with the proper law
enforcement authorities for further
action; and/or
-
any other action which
Ouriptel deems to be
appropriate.
22. Governing Law
This Agreement is governed by the laws
of the State of Queensland Australia
without regard to its conflicts of law
provisions. You acknowledge and agree
that Queensland courts have jurisdiction
over this Agreement.
23. Copyrights and Trademarks
All Intellectual Property (content
included on this site, such as text,
graphics, logos, button icons, images,
audio clips, digital downloads, data
compilations, and software) is the
property of Ouriptel or
its content suppliers and is protected
by Australian and international
copyright laws. The compilation of all
content on this site is the exclusive
property of Ouriptel
and protected by Australian and
international copyright laws. You may
not post to this site, use the
Ouriptel SERVICE and/or copy,
reproduce, retransmit, distribute,
publish, commercially exploit or
otherwise transfer, any material subject
to any Intellectual Property. You have
the burden of determining whether any
information, software, images or any
other content on the Ouriptel
site is not protected by any
Intellectual Property rights.
24. Registration Information/Privacy Policy
When you register as a member of
Ouriptel, you will be required
to provide us with an End User ID and
password as well as other confidential
access information (Confidential Access
Information).
Except to the extent necessary to comply
with applicable laws, police
investigations or in legal proceedings
where such information is relevant,
Ouriptel will not sell
or provide to any third party your name,
address, email address and End User ID,
unless you provide your informed
consent. Ouriptel may
grant third parties providing technical
services to it access to its database
only to the extent necessary to provide
such technical services. In those
instances, such third parties are bound
by these Terms and Conditions of Use.
Your informed consent shall be in the
form of an "opt in" or similar policy.
In addition, Ouriptel
may assign, sell, license, or otherwise
transfer to a third party its entire
database, including Confidential access
Information, in connection with an
assignment, sale, joint venture, or
other transfer or disposition of all or
a significant portion of the assets or
shares of Ouriptel
.
You are responsible for maintaining the
confidentiality of your Confidential
Access Information. You shall be
responsible for all uses of your
Confidential Access Information, whether
or not authorized by you. You agree to
immediately notify Ouriptel
of any unauthorized use or compromise of
your Confidential Access Information.
25. Linking to the Site
You may provide links only to a home
page provided:
-
You do not remove or obscure, by
framing or otherwise, the copyright
notice, content or other notices on
this site,
-
You provide Ouriptel
prior written notice of any such
link via email, and
-
You discontinue providing links to
this site if notified to do so by
Ouriptel .
26. Miscellaneous
In the event that any provision of this
Agreement conflicts with the law under
which this Agreement is to be construed
or if any such provisions are held
invalid by a court with jurisdiction
over the parties to this Agreement, such
provision will be deemed to be restated
to reflect as nearly as possible the
original intentions of the parties in
accordance with applicable law, and the
remainder of this Agreement will remain
in full force and effect.
The failure of any party to insist upon
or enforce strict performance by the
other party of any provision of this
Agreement or to exercise any right under
this Agreement will not be construed as
a waiver or relinquishment to any extent
of such party's right to assert or rely
upon any such provision or right in that
or any other instance, rather, the same
will be and remain in full force and
effect.
Ouriptel may assign its
rights and obligations under this
Agreement and upon such assignment
Ouriptel may be
relieved of any further obligation
hereunder. This Agreement, and any
modifications of this Agreement by
Ouriptel as provided
above, constitute the entire
understanding between the parties as to
subject matter hereof, and supersede all
prior agreements and understandings.
Any legally unenforceable provision of
this Agreement will, at the election of
Ouriptel, be deleted or
modified to correct the defect and,
regardless, the remainder of the terms
of this Agreement will remain valid and
enforceable.
27. Consent to Receive Electronic Documents
By accessing this site and using the
Ouriptel SERVICE, you
are agreeing to receive, from
Ouriptel ,electronic documents,
billing reports, statements and records
(electronic records) in lieu of paper
documents, statements and records. Your
electronic records may be emailed to you
to the email account that you provide,
accessed through this site using your
Confidential Access Information or
otherwise electronically provided to
you. By accessing this site and using
the Ouriptel SERVICE,
you are also agreeing to the use of
electronic signatures in lieu of (and in
addition to) wet-ink, physical
signatures. You may request a paper
copy of any electronic record that
Ouriptel sends to you
by sending an email request to
Ouriptel. You can also request
this by sending a written request to
Ouriptel. You will be
charged $10.00 for every paper record
that you request prior to your
cancellation of consent. You can
withdraw your consent to receive
electronic records from Ouriptel
by sending an email message to email
address of record or by sending a
written letter. You will be charged a
$10.00 cancellation of consent fee.
This consent applies to all electronic
records that Ouriptel
may send you. Your withdrawal of this
consent will not affect the legal
effectiveness, validity or
enforceability of any electronic record
that Ouriptel provides
to you prior to the withdrawal of such
consent. If you change your email
address to receive electronic records,
you must notify Ouriptel
of your new email address by sending an
email or written letter to the
Ouriptel address of record.
28. Acknowledgment
You represent to Ouriptel
that you have the authority and capacity
to understand and agree to these Terms
and Conditions of Use. You acknowledge:
o
that you have read, understood and accept these Terms and
Conditions of Use; and
o
that these Terms and Conditions of Use have the same force
and effect as a signed agreement.
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